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 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 was charged with DUI in Birmingham, Alabama and it’s nearing my first court date. A friend of mine advised me about an Alabama DUI law that a police officer needs to have a 20-minute observation before the alcohol test. If this is true, can we use this as a defense if the officer did the alcohol test on me without having a 20-minute observation?

Sophia

Birmingham, AL

Yes, you can definitely use that as a defense on your DUI case in Birmingham, Alabama. The Alabama State law requires the police officer to watch the DUI suspect continuously for at least 20 minutes prior to administering the breath alcohol test. The police officer must make sure that during this period the person does not consume anything, belch, burp, hiccup or regurgitate. Any of these can actually cause alcohol to travel from the stomach to the mouth. Blowing this “mouth alcohol” into the breath machine can trigger exaggeratedly high blood alcohol content (BAC) reading.

Police officers rarely follow this required observation procedure. They usually perform paperwork, set up the machine, write reports and converse with their partners, diverting their attention from the DUI suspect who must be watched vigilantly during this period. Failure to follow this procedure may cast doubt on the validity of the test results and can sometimes get the test thrown out of court altogether.

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My younger sister has just been recently charged with DUI for the first time. I’m so worried about her because she’s not used to getting in trouble like this. What comprises Alabama DUI law and what are the possible penalties?

Kevin

Dothan, AL

It is a crime to be driving under the influence (DUI) of alcohol or drugs. To be considered as driving under the influence in the state of Alabama, the individual must have blood alcohol content (BAC) of above the legal limit. Currently, in Alabama and also in all states in the US, the legal limit for BAC is .08 percent. DUI many people a year and put countless others at risk. Because of that, if a motorist is convicted for DUI, it carries far reaching consequences.

DUI is a crime; and if your sister will be convicted, there are different sentences that can be handed down by a court in Alabama. Since this is her first offense, in the state of Alabama, she may get some of the following penalties. She may either have a sentence of serving in jail for not more than one year, or by fine of not less than $600 nor more than $2,100, or both a fine and imprisonment. In addition to that, for a first conviction, the Director of Public Safety shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days. The person convicted would also have to attend mandatory DUI School.

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My brother was recently charged for DUI here in Alabama. He’s in dire need of a lawyer who would defend him in his case. How can he hire the top DUI lawyer for his case? What are the qualities that he has to look for?

Sam

Birmingham, AL

A conviction for Alabama DUI can lead to a long-term employment problems, financial devastation and cataclysmic personal upheaval. A DUI arrest starts series of stressful and complex consequences for most people and the consequences of failing to fight these seemingly impossible cases can lead to scenarios no one would ever dream of. Therefore, it would not be a surprise that many people accused of DUI eagerly search for top trial attorneys who specialize in DUI cases.

A good DUI defense lawyer should be able to give your brother a thorough and honest assessment of his case. He/she can be able to explain the options available to your brother based not only on the current law, but also on potential legal changes that are in the judicial and legislative pipeline. New legal challenges are in the proceedings in the appellate courts, and only a DUI law specialist would know about these cutting-edge legal attacks and be able to structure your brother’s case and its pleadings to take advantage of such transitions in the Alabama DUI law.

There can never be a substitute for experience so make sure that the lawyer that your brother will be hiring has long been involved in an active DUI trial practice. This specialist often has additional specialized training and knowledgeable professional resources like private investigators and expert witnesses available to call upon. A general practitioner doesn’t have such resources available, since their practices are not focused on winning DUI cases. Good luck.

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First of all, while there are books and websites which explain the intricacies of DUI law, coming to a complete understand of them will take an enormous amount of research. Even then, you’re knowledge will still be incomplete because you don’t have he experience that a  DUI lawyer does so you don’t know the way certain cases play out in a court of law.

Along with helping you understand DUI law in Alabama and how it interacts with your case, a DUI lawyer is able to take the reigns for you on several issues. For one, they can take care of the petty paperwork, phone calls, scheduling, and so on which might otherwise occupy your precious time. Also, and most importantly, they can defend you in court in an area where they are comfortable and you are not.

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• Your representation. Before deciding whether or not you want to hire them, you must talk with the DUI lawyer who will represent you. Make sure that this is the same person as the lawyer in the consultation.
• Experience. How much of this your lawyer has under their belt will be important in your case. A lawyer with more experience can handle your case better and knows the ins and outs better. They should not only be experienced in law, but more specifically in DUI law. Find out how often and for how long they have defended DUI cases. Ask if they have ever defended a case similar to yours, and what was the outcome.
• Always discuss the price and get all of the details!

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