Auburn DUI Lawyer Explains Alabama DUI Laws

DUI Impairment by Alcohol is the Most Common DUI Charge

 

We are your DUI Lawyers and we know Alabama DUI Laws.  Drivers around Alabama are charged with DUI daily and its fairly routine until it happens to you.  The most common type of DUI in Alabama is due to alcohol consumption.  85% of all DUI arrests in Alabama are from consuming too much alcohol to drive safely.  For this type of offense, breath alcohol or blood alcohol testing may not be necessary to convict if you show visible signs of impairment.

Police use Roadside Tests as Evidence to Arrest You for DUI in Alabama

If the the Police stop you and pull you over, they are watching and listening.  Whatever the police see and hear from you prior to your arrest for DUI is usually the most damaging.  The Police often will lead you into a feeling that they are your friend.  You may think that you speak freely to them and cooperate.  You may feel like you will soon be on your way if you are friendly and answer their questions.  The truth is, once they smell alcohol, or you admit to consuming alcohol or using drugs, you will be arrested and taken to the police station for further questioning and processing.

You must provide your name and address when questioned by police in Alabama.  All other discussions with the Police is ill-advised.  Never admit to prior alcohol or drug use and NEVER do ANY FIELD SOBRIETY TESTS!  These tests are not backed by any science and there is no penalty for refusing these non-scientific evaluations.  

BREATHALYZER Refusal after arrest-what happens?

A refusal to comply with a Breathalyzer test may keep the police from initially capturing a blood alcohol level.  The police may seek a Search Warrant from a Judge and use that warrant to have your blood drawn for testing in Alabama.  In a recent US Supreme Court Ruling on the case of Mitchell v. Wisconsin, the Court ruled that an individual that was not currently capable of consenting may have their blood drawn without consent or Search Warrant.  So essentially, if you are passed out or too intoxicated to say yes or no, they can draw your blood anyway.

90 DAY SUSPENSION

A refusal in Alabama triggers a 90-day driver’s license suspension.  Alabama law does not provide for a restricted license, limited permit, or work permit while suspended for DUI.  A prosecutor will try to argue that you knew you would be found over the limit and that is why you would not consent.  Hiring a skilled DUI attorney that can make the legal arguments for you is always the best route especially one that knows the Alabama DUI Laws.

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