How bad is it gonna be the effect on my auto insurance here in Alabama if I get convicted of drunk driving or DUI?

Harvir

Dothan, AL

DUI can greatly affect your auto insurance in Alabama as your rates can go up by a considerable amount. DUI Law and the ratings systems of auto insurance companies in your state may be different from other states but if you get convicted for DUI, your auto insurance payment could double. Also, you can only get your driver’s license back after your DUI conviction if your auto insurance provider has presented the Department of Motor Vehicles (DMV) that you have the required SR22 form.

As already mentioned, DUI laws vary from one state to another, but in general, a DUI conviction would have an effect on your auto insurance for at least three years. However, if the DUI Law in your state lets an auto insurance provider to have a longer ‘look back’ period, it could have an effect on your auto insurance premiums for five or even seven years.

Your auto insurance rates will only be affected if you get convicted for DUI since you will already be considered as higher risk by auto insurance companies. Some insurers may not even cover you if you already have a DUI conviction on your record. Aside from the higher risk that you have to them, some of them do not offer SR22 so you have to switch to an insurer that offers this.

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My cousin who moved from another state was required to get something like SR22 insurance here in Alabama. Why is this required and what does this have to do with his auto insurance?

Candy

Dothan, AL

The SR22 auto insurance is a form that is compelled by the court as a proof of financial responsibility for people who are convicted of certain traffic offenses such as DUI. The SR22 should be filed by the car insurance carrier and this states that a certain person has an auto liability insurance. An SR22 is needed if insurance is given to a person who got into an accident or if the person has a conviction for a traffic violation and was not able to show financial responsibility. Every state, however, has different requirements to be able to get the SR22 auto insurance.

If your cousin has SR22 auto insurance in a different state and moved to Alabama or was required to get it in Alabama, he should accomplish the SR22 filing period on his previous state, even though he is no longer residing there. Moreover, his auto insurance policy in the state of Alabama should have liability limits that meet the required minimums by law in his previous state.

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Would there be a car insurance company willing to provide me coverage for the same rates after my DUI charge here in Birmingham, Alabama? I heard a lot of stories about some people who got DUI that they really had a hard time getting insured.

Freya

Birmingham, AL

I have to be honest with you that you would have a hard time finding a car insurance company that will give you coverage for the same rates that you have now after being charged with DUI in Alabama. Since the case is still ongoing and you’re not convicted for DUI, you may opt not to inform your current car insurance company about it. But if you get convicted for DUI, it can’t be missed because you would have to request an SR22 insurance from them. You wouldn’t have to make up story but rather present yourself as a sober person willing to change.

You may want to join a rehabilitation course and try to get rid of your drinking habit. If you produce a rehab certificate, this could encourage the insurance company to give you the SR22 insurance coverage. Also, you have to refrain from being a designated driver when with colleagues or friends while visiting a bar or a night club. This would be most helpful in avoiding a second DUI as prevention is still better than cure. Lastly, don’t exhaust all your efforts finding the right car insurance elsewhere because I believe you can find it right from this website so get an online rate quote now.

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I don’t understand why my sister is worried about her drunk driving case here in Alabama. Isn’t it that DUI is just an ordinary traffic offense?

Jordana

Huntsville, AL

You should never take a DUI charge as an ordinary traffic offense because a DUI case is a criminal offense and Alabama DUI laws are surprisingly complicated, strict and serious than ever. Being charged with DUI is very stressful especially now that the stakes are high and the cases move very fast. A DUI conviction would result in very harsh punishments so it will never be worth it to drink and drive and be charged with DUI.

Your sister has every reason to be worried about her DUI case in Huntsville, Alabama so she need not waste time. She has to go and find a very experienced DUI lawyer who will defend her in her DUI case. The DUI lawyer should aggressively defend her very serious traffic offense. If she gets convicted for DUI, the effect will be lasting and negative and it will leave a permanent stain on her record. It could also affect her job or restrict her job opportunities; she may have difficulty in obtaining a credit or attend college or graduate school. Furthermore, she may find it hard to restore a sense of normalcy to her life after a criminal case like DUI.

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My father got arrested for DUI here in Alabama and we are in the process of getting a lawyer? What are the disadvantages of getting a public defender to help my father in his DUI case?

Horace

Birmingham, AL

There could be serious disadvantages in having a public defender in your father’s DUI case in Alabama. First is that you may not qualify financially for the services of a public defender. Another disadvantage is that you can’t choose the public defender because one would be assigned to your father’s DUI case. If the two of them don’t click, the court would rarely allow your father to select a different one. One other thing is that a public defender would not handle the DMV part of your father’s DUI case. This is very important because fighting the DMV part of his DUI case is inextricably tied to fighting the criminal part.

Lastly and probably most importantly, public defenders could rarely devote the sort of time, energy and resources to working up your father’s DUI case that a good private lawyer could. Well, not that the public defender would not like to but the reality is, they have so many cases, pressures and responsibilities that this sort of devotion to any particular DUI case is not a luxury they could afford.

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What are the basic penalties for a DUI conviction here in Alabama and what instances could make the sentence harsher?

Rob

Hoover, AL

For a first-time DUI offense in Alabama, a driver may end up with fines, possible jail time or community service, driver’s license suspension under the DUI laws. The DUI offender may also be asked to compulsorily attend an alcohol education program to avoid further DUI occurrences. In the case of a repeat DUI offender, jail time and hefty fines are ensured. It would also be mandatory to participate in the alcohol abuse program and this time, it would be longer. Furthermore, the driver’s license would also be suspended or revoked and the vehicle would be impounded.

There are also some other things that could make the punishment even harsher. These things include speeding while driving under the influence, if there was a child in the car, a refusal to comply with the tests when asked, accident, injury, damage and loss of life. The higher the blood alcohol content, the greater the penalty under the DUI laws. If the offender is underage and has prior DUI convictions, it could also lead to immense problems.

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I have always been curious about DUI and its connection with the Miranda rights during an arrest or DUI investigation. If I’m stopped for DUI in Alabama, how can the police be obligated to read or mention the Miranda Rights to me? Also, could you give me an example of an inconsistency of the police in DUI cases?

Mel

Mobile, AL

As always, the best policy would still be not to drive after consuming alcoholic beverage. If you’re asked to stop for DUI in Mobile, Alabama, stop as soon as possible and just be polite with the police officer. After all, you wouldn’t want any other charge than the main reason for the traffic stop. Regarding your question on the Miranda Rights, police officers are actually under no compulsion to read out the Miranda rights to you during roadside questioning. This means that in a DUI investigation, unless you are already under arrest, police officers are not obligated to read or mention to you your Miranda Rights.

A successful DUI defense could sometimes be made by exploiting lacunae in the arrest procedure or contradictions in the state’s case. Let me now give you an example of an inconsistency of the police in DUI cases, particularly during an arrest. Most of the patrol vehicles that police officers use are fitted with video camera. The police officer may not always refer to the video while making his report about the DUI investigation. This could lead to inconsistencies, which, of course, could be to the defendant’s benefit.

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My brother was arrested for DUI in Decatur, Alabama and I understand that the officer had to make sure that my brother understood his right about the breath test. What possible defense could be used with regard to the breath test?

Ben
Decatur, AL

First of all, in a DUI investigation when it comes to breath test, the officer would ask the person suspected for DUI to take the breath test. If the DUI suspect refuses, the officer would then tell the DUI suspect the consequences that he/she might have for refusing to take the breath test. If the person refused to take the breath test, the possible defense that could be used is to force the officer to prove that there was actually sufficient evidence to ask the person to take a breath test. If the person took the breath test, a good DUI lawyer could force the officer to demonstrate that the DUI suspect understood his/her rights concerning the breath test.

In the DUI trial, for example, on your brother’s DUI case in Decatur, Alabama, it would be difficult to prove that the DUI suspect understood his/her rights because on one hand, the person was arrested being impaired by alcohol. And on the other hand, the person was supposed to be sober and coherent enough to fully understand his/her rights.

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I have a friend who has been recently charged with DUI here in Alabama and according to the arresting officer, he smelled a strong odor of alcohol on my friend’s breath and on the vehicle that’s why he was cited for drunk driving. Does this strong odor of alcohol correlate with the actual blood alcohol level?

Belle

Dothan, AL

In a typical DUI arrest in Alabama, it would be close to impossible that an officer would not say that he smelled an alcohol on the DUI suspect or on the vehicle. An officer would always mention that he smelled “a strong odor of alcohol on the suspect’s breath” that’s why he believes that the DUI suspect was drunk. But during the cross examination, the officer would look foolish when he would admit that alcohol (ethanol) itself has no odor. It’s the flavoring or the mixing agent that produces the odor we associate with alcohol. I understand that you may doubt this one but you can go to the market and buy a non-alcoholic beer and you would notice that it tastes and smells just like beer, but it doesn’t have alcohol.

Undoubtedly, studies show that the judgment of the police officer of how strong the person’s breath smells of alcohol simply has got nothing to do with his/her actual blood alcohol level. All that can be picked up from the “smell of alcohol on the breath” is that the DUI suspect probably consumed some alcohol recently. However, it doesn’t provide exact evidence that the person drank enough to have a blood alcohol content of .08 or higher or to be “under the influence.”

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I know that some people who are arrested for DUI here in Huntsville, Alabama are being asked to take field sobriety tests to determine if they had been drinking. What are the possible defenses that can be used in a DUI case with regard to field sobriety tests?

Camren

Huntsville, AL

There are two kinds of field sobriety tests (FST’s) that police officers often ask a person who is suspected for DUI and these are the standardized and non-standardized FST’s. Standardized FST’s are set up by the National Highway Traffic and Safety Administration (NHTSA). If a driver is already stopped for a DUI suspicion in Huntsville, Alabama and was asked to take standardized FST’s, a good DUI defense lawyer could find ways to prove that standardized FST’s are inaccurate. A great example of this is that for healthy individuals, the walk-and-turn test is only 68% accurate and the one-leg stand test is only 65% accurate in determining if a person is under the influence. Those individuals with medical conditions and injuries, and those who are 50 pounds or greater overweight and 65 years or older cannot be validly judged by the FST’s.

On the other hand non-standardized field sobriety tests are invalid. The NHTSA and medical science do not consider saying the alphabet, counting backwards, or touching your finger to your nose as valid FST’s. These are the reasons why failing the FST’s are not entirely enough basis that the driver was really under the influence.

Tags: DUI, DUI lawyer, field sobriety tests

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