Let Auburn DUI attorney Hal Walker help you with your case. Please find some background information below.
As with most laws, the DUI laws have evolved and changed over time. Some of the more recent changes to DUI laws include the penalties, fines, jail time, and the introduction of the ignition interlock device. If someone is convicted of a DUI and has a blood alcohol level of .15% or greater, the offender “shall be sentenced to at minimum, double the normal punishment that the person would have received if they had a blood alcohol level of less than .15%. In addition to this “double penalty” the Alabama law makers also created the “ignition interlock” act which requires the mandatory installation of the device when a person is convicted under any of the following conditions:
- a “blood alcohol concentration of 0.15% or greater” or
- “refusing to chemical testing” or
- “if a child under the age of 14 years was present in the vehicle at the time of the offense” or
- “if someone besides the offender was injured at the time of the offense”
Auburn Alabama DUI laws and statutes have created additional punishments and penalties for individuals that refuse to submit to a chemical test of their urine, breath, or blood when lawfully arrested for suspicion of driving under the influence. This “Implied Consent” law requires that all motorists that operate a motor vehicle on public roadways in Alabama submit to this testing when directed by a law enforcement official. It does not matter whether the individual is a citizen of the state of Alabama or just a driver passing through. If you refuse to submit to this testing when requested, you will immediately receive a 90 day suspension of your driver’s license. This 90 day suspension is in addition to any suspension or revocation that may result from a conviction for driving under the influence.
In addition to the two alcohol-related DUI offenses, the state’s DUI statute also contains three other types of DUI offenses as follows:
- Driving under the influence of a controlled substance, this can be prescription medications or illegal drugs,
- Driving under the combined influence of alcohol and a controlled substance, moms this is you! No wine out with the girls when you are taking Xanax.
- Driving under the influence of any substance which impairs the mental or physical faculties, there are lots of things that do this!
For persons under the age of 21, there is a special DUI section that makes it illegal and punished as a separate offense to operate a vehicle with a blood alcohol level between .02% and .08%, but provides reduced penalties for violation of this “under the age of 21 years” section.
We are still learning about the ignition interlock device. From what we have seen the cost to the offender is pretty significant. In many cases you lease the device but then you must also pay a monthly or quarterly monitoring fee. Clearly, the cheapest thing to do is not drink and drive.
As an Auburn Alabama DUI Attorney, we are here for you. If you have been arrested for a DUI offense, please contact us at the Walker Law Firm for a free case evaluation.