I got charged a DUI here in Alabama, what’s going to happen now? I hope you can give me some information since this is the first time this has happened to me! Thanks!

Cheryl

Huntsville, AL

Every driver in Alabama should know that DUI or Driving Under the Influence is a very serious offense. Most states today, in fact, have put in place laws heavily penalizing drunk driving offenders with costly fines, suspension of driving privileges, and even jail time. Penalties become much more severe for repeat offenders. Getting the right kind of DUI insurance coverage is essential to be allowed to drive again after a DUI.

First, some facts about DUI penalties in the state of Alabama:

• $600 – $2,100 fine, up to one-year incarceration, and a 90-day driver’s license suspension for first-time DUI offenders.
• $1,100 to $5,100 fine or one year in prison or both, and one year license suspension if the second DUI offense was within five years after the first.
• $2,100 – $10,000 fine, license suspension for the next three years, and one year in prison for the third DUI offense.
• $4,100 – $10,000 fine, jail time from one to ten yeas, license suspension for the next five years and the fourth DUI offense will be treated by the state as a class C felony.

Once you are allowed to drive again, getting an auto insurance provider to file an SR22 form and give you the appropriate DUI insurance policy should be top priority. Auto insurance for DUI offenders tend to be very expensive; unless you know how, and where to find the best ones.

This is where the Internet becomes the best tool and resource that one can have when it comes to looking for the right DUI insurance policy. With many businesses offering DUI auto insurance rates, coverage and services online, it only takes a few minutes for anyone to compare offers and find the most affordable DUI auto insurance available.

The best way to find a DUI insurance provider, offering the right policy at the right price, is to compare your options. Online DUI auto insurance portals can do this easily, effectively, and absolutely for free! So save time and effort and get yourself back on the road immediately.

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My brother said that he would appeal for his DUI case here in Tuscaloosa, Alabama? How would he do that and does that mean that there would have a retrial?

Kaitlin

Tuscaloosa, AL

Maybe your brother wants to remove his DUI conviction in Tuscaloosa, Alabama from his record or maybe contest for a lesser sentence that’s why he wants to appeal for his case. That doesn’t mean a retrial but like a sheer re-examination of the proceedings to make sure that the trial was carried out properly. To appeal for his DUI, he would have to hire a DUI lawyer with a good reputation. Then he may speak with the judge who presided on the DUI case to seek for a new trial. This would be very unlikely but it’s the start of the appeal process.

Your brother should also have to file for the appeal quickly. Depending on the state law, he may have 10 to 30 days to file for a notice of appeal. But remember that if he has taken a plea bargain, he may have waived any rights for an appeal if the case did not go to trial. Make sure that his lawyer is on top of his case by obtaining copies of all briefs and forms filed with the court. Whatever the result of his appeal, he has to think about working with a group such as the National Council on Alcoholism.

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I think a friend of mine here in Mobile, Alabama has a drinking problem and it could also turn out to be a drinking and driving problem because he usually drives after having some drinks. Nobody wants him to get a DUI charge, so how do you think can I make him not drive after consuming alcohol?

Danika

Mobile, AL

First of all, if your try to talk to your friend whom you think has a drinking and driving problem, keep things light and avoid arguments and accusations. You can use humor so that you can get your hands on the car keys. This would definitely keep the situation from turning ugly. You might want to sneak the keys away and if all else fails, just take the keys when your friend is not looking. He would probably just think the keys were lost and eventually give up looking.

You may also suggest your friend to attend a treatment program if his drunken driving is already a part of the pattern. The American Council on Alcoholism does offer programs across the US. You should do this when you are both sober, and remember to be a good listener if your friend wants to discuss the problem. Also, if both of you are sober and talk about the problem, you can remind him that if he gets caught drunk driving and be charged with DUI in Alabama, he will be facing a serious charge. A DUI conviction would have harsh legal ramifications and can affect a lot of aspects in his life like being barred entry in some countries, losing job or future job opportunities and having an increased premium rates on auto insurance for so many years.

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If my drivers license was revoked due to DUI in TN, and after a year I was convicted of Driving on Revoked. What do I do to obtain a restricted license in Tuscaloosa Alabama?

Brenda

Tuscaloosa AL

According to the Alabama Department of Public Safety (DPS) driver license shall not be issued to any individual whose driving rights or privilege is revoked or suspended in any state.

The state of Alabama does not offer a hardship license if your drivers license has been revoked or suspended. This means you will not be given special permission to operate to and from work or to drive on the job.

So under the existing AL Code of laws a driver’s license may not be issued to any individual whose driving privilege or rights is revoked or suspended.

So currently in Alabama a hardship license is not available however you should verify with the AL legislation to check where HB 112 stands and if there is any hope of a hardship license being allowed in the near future in this state if this is where you are living. Even if the hardship license becomes available since it seems you do not have an Alabama license but one revoked in Tennessee you may still not be eligible for an Alabama license of any type, again you would have to verify with the Alabama DPS.

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I often notice many vehicles that are swerving when I drive here in Tuscaloosa, Alabama. I was told that this can be a DUI charge for an impaired driver. What are the other DUI cues that police officers often look after in determining drunk drivers?

Lainey

Tuscaloosa, AL

Let’s take a look first at the example of a DUI charge that you have mentioned which is swerving. You might observe that a vehicle to swerve which makes an abrupt turn away from a generally straight course, when a driver realizes that he or she has drifted out of proper lane position, or to avoid a previously-unnoticed hazard.

One other related DUI cue is almost striking a vehicle or other object. You may observe a vehicle, either at slow speeds or moving with traffic, to pass unusually close to a sign, building, barrier or other object. This DUI cue also includes almost striking another vehicle, either parked or moving, and causing another vehicle to maneuver to avoid a collision. Another DUI cue is turning a wide radius or drifting during a curve. A vehicle would appear to be drifting to the outside of the lane, or into another lane, through the curve or while turning a corner. Watch out for this and please stop the driver when you see it A lot of alcohol-related crashes are caused by an expanding turn radius, or drifting out of lane position during a curve.

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My cousin refused the blood alcohol test when she was arrested for DUI in Montgomery, Alabama. What could she be facing right now and long would the DUI offense stay in her records?

Andy

Montgomery, AL

After your cousin has been arrested for DUI in Montgomery, Alabama, she will be facing two separate cases. The first case would be in the criminal courts and the second one would be administrative hearing with the Alabama Department of Public Safety. It would be crucial for her to contact a lawyer as soon after her arrest because she would only have just 10 days to request the Department of Public Safety hearing. If she fails to do this, she would put her privilege to drive at risk.

Since your cousin refused to submit to a breath, blood or urine test to see how much alcohol was in her system, she would automatically lose her license for at least 90 days. Unfortunately, she may not be allowed to apply for a restricted license. The blood alcohol test refusal can be used against her in court as well. Aside from the basic consequences of a DUI offense in Alabama, her DUI arrest would also cause her to lose her driver’s license. Depending on how many DUI convictions she has on her record, she would face driver’s license suspension of 90 days for first offense, one year for second offense, three years for third offense and five years for fourth offense. A DUI offense would stay on her driving records for five years.

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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 don’t really understand how horizontal gaze nystagmus test can be an indication that a person had been drinking. What are the clues that officers in Alabama look for when they conduct this test in a DUI suspect?

Dallin

Tuscaloosa, AL

Horizontal gaze nystagmus (HGN) is one of the standardized field sobriety tests (SFST’s) that police officers, including those in  Alabama, conduct during a DUI investigation. During the HGN test, the police officer holds a penlight about 12-15 inches in front of the DUI suspect’s eyes and asks him/her to follow the pen with the eyes without moving the head. Officers always start with the left eye and they look for three specific clues.

The first one would be the lack of smooth pursuit in which the officer would take note whether the eyes move smoothly or jerks when they move from side to side. There is actually a standardized pace the officer needs to have the eyes move side to side. The second clue would be the distinct nystagmus at maximum deviation in which the officer would take note if there is a distinct jerking of the eye when it moves as far to the side as possible and is kept in that position for several seconds. The last clue would be the onset of nystagmus prior to 45 degrees in which the officer observes if the eye starts to jerk before it reaches a 45-degree angle as it moves towards the side.

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I often wonder how police officers commit mistake in a drunk driving arrest. Could you give me an example how a police officer’s mistake can work in my favor if I will be arrested for DUI here in Alabama?

Brock

Birmingham, AL

Many of us expect law enforcement officers to know and follow the law at all times. But just as we commit mistakes from time to time, so do police officers and luckily, their mistakes could often work in your favor if you will be arrested for DUI in Alabama. When a police officer who would handle your DUI case messes up some very important aspects of it, the ‘bad’ evidence obtained against you may be suppressed and can be thrown out of court.

This would be generally important because the prosecution is entirely dependent on the evidence that has been obtained in seeking a DUI conviction. One of the most common instances of police misconduct that could occur during a DUI arrest is that the police officer had no probable cause to arrest the motorist. The police officer would need a legal cause to arrest a driver and that is the evidence that he/she is driving under the influence. This would be a higher standard than ‘reasonable suspicion’ which is required to stop a vehicle. Police officers should explain facts that are sufficient to meet these various standards.

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The arresting officer on my sister’s DUI case in Decatur, Alabama has a bad reputation and we believe that my sister was not treated fairly. Is there a way that she could use that as a defense?

Abraham

Decatur, AL

Pitchess motion in a DUI case would allow your sister to gain access to the arresting officer’s personnel file to determine if the officer has received any prior complaints about his conduct. Police officers actually have to follow very strict guidelines when obtaining evidence. If the officer has a history of misconduct, the officer’s personnel file can be used to show that it is likely that your sister was not properly treated. If that is the case, the evidence against her on her DUI arrest in Decatur, Alabama should be suppressed. Complaints that she can look for in an officer’s personnel file include excessive force, planting evidence, racial bias, false arrest, criminal conduct discrimination or harassment.

But remember that there should be a reason to file the motion. Something should have happened that led your sister and her DUI lawyer to believe that the officer’s past conduct should be called into question. The motion should provide a specific fact so the judge could decide if there is sufficient reason to look into the officer’s past.

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