I’m trying to rebuild my driving record here in Alabama, I want to get my insurance rates down again, do you have any suggestions that could help me?

Lois

Birmingham, AL

Frankly, it will take time and discipline to rebuild a good driving record and of course, to get your car insurance premiums lowered again but it is not an impossible task. You would usually need to drive and have no traffic offenses or moving violations for at least two to about three years before your car insurance provider can reconsider your record for a better car insurance rate. But everyone deserves a second chance right? So here are a few tips on how to fast track your way into getting back a good driving record there in Alabama:

1. Take defensive driving lessons – not only will this impart good driving skills to keep you and your passengers (as well as everyone else) safe while driving on the road.
2. Obey Traffic Rules – This not need mentioning but you really cant afford to get even a minor traffic violation against your license since this will just prolong you having to pay high insurance rates.
3. Keep your temper in check – keep it cool and never fall victim to road rage, if someone cuts you off then fine. What matters is you stayed within speed limits and kept driving safely and responsibly.
4. Never allow your car insurance coverage to get canceled – you want to make sure you have complete coverage for two or three years so take good care of paying your regular premiums. It will be much harder and much more expensive to obtain another insurance policy if your current one gets canceled either due to driving negligence and violations or non-payment.

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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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I haven’t been pulled over for any traffic violation. But it has been very alarming because a lot of people that I know has been caught and charged with DUI. If the same thing happens to me here in Alabama, should I refuse the Breathalyzer?

Dawn

Huntsville, AL

To answer your question whether you should take the Breathalyzer or not is, it depends. There is actually no good definitive answer to this question in Alabama. The only proper answer is that it depends on the circumstances. Your license and/or driving privileges to drive in Alabama will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits if you refuse the Breathalyzer test. In this case, the chances of winning are so slim.

In the Breathalyzer case, state of Alabama must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Alabama while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. The state will typically still charge you with criminal DUI based on the officer’s observations even if you refuse. A lot of towns and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least six months) at the refusal hearing.

For an offense within five years if you lose the Breathalyzer case, the penalty will be six months to twelve months loss of license as well as fines, community service and driver retraining. You would also be required to obtain expensive insurance on your automobile. The only advantage of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record.

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We were driving home from Huntsville, Alabama one night when my brother and I got pulled because of a traffic violation. He was asked to have a breath test for drunk driving and unfortunately, he was over the limit. How accurate is this breath test and can we challenge the result of these tests?

Bryan

Huntsville, AL

Of course you can challenge the result of a breath test. First you need to know the law about drunk driving in Alabama. A driver may be charged with DUI (driving under the influence) if the Blood Alcohol Concentration (BAC) Level is at .08 percent or above. It is necessary to obtain a suitable sample of the arrestee’s blood, urine, or hair at the time of arrest in order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving. Using the breath test is the most popular scientific method for establishing that drunk driving has occurred.

The breath test for drunk driving measures the amount of alcohol in an appropriate sample of exhaled air. This is considered as an “indirect method” and thus subject to variability. The chemical composition of the alleged offender’s blood, his/her physical activity, the temperature and the atmospheric pressure are just some of the factors that can lead to variable and questionable results. Many courts in Alabama have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of Breathalyzer test results based on these inherent variables. Getting a good defense lawyer can definitely help you in challenging the result of the breath test.

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