In the state of Alabama you can be arrested for an Alabama DUI based on one of two theories. First, you can be arrested simply for being under the influence of alcohol or drugs. This means that your mental capacity is clearly impaired because you are intoxicated. If the officer who pulls you over feels that your driving appears impaired, you could be arrested.
Alabama also operates with a per se law, which states that you cannot drive with a blood alcohol level (BAC) of .08% or higher. If your blood tests above the legal limit, you will be arrested for a DUI, no matter what your driving ability is. You can also be arrested based on both accounts. In the state of Alabama you do not have to be driving the car to be arrested for a DUI offense . If you are simply in the control of a vehicle, even if it is not moving, you can be charged with drunk driving.DUI Arrests in Alabama
After your Alabama DUI arrest you will face two cases. The first case is in the criminal courts. The second is an administrative hearing with the Alabama Department of Public Safety. It is crucial to contact a lawyer as soon as you are arrested, because you are given just 10 days to request the Department of Public Safety hearing. Failure to do so will put your ability to drive at risk.
You will also be asked to submit to a blood, breath, or urine test to see how much alcohol is in your system. If you refuse this test, you will automatically lose your license for at least 90 days. You will not be allowed to apply for a restricted license. This can be used against you in your court case as well. It is best to talk to an attorney before making this decision.Basic Consequences for First Time Offenders
For your first Alabama DUI conviction, you can expect to face the following consequences:
If you are arrested for subsequent offenses, you will face even stricter consequences.License Suspensions for Alabama DUI
Your Alabama DUI arrest will also cause you to lose your license. Depending on how many DUI convictions you have on your record, you will face the following suspensions times:
Offenses stay on your record for 5 years in the state of Alabama. With the help of your attorney you may be able to apply for a restricted license to allow you to drive to and from work.Insurance Consequences
After you DUI arrest, you will also face insurance consequences. Many insurance companies will not cover those who have been convicted of DUI offenses. If your insurance company does not choose to drop your coverage, you will find that the cost of your policy increases dramatically. If you are dropped, you will have to find a new company to cover you before you can get your license back. This may be difficult, because insurance companies are not interested in covering those with drunk driving convictions.