The legal team at Jaffe, Hanle, Whisonant & Knight, P.C. has over 100 years of combined experience. Your case receives the full resources of our office to defend you against DUI charges in Birmingham, AL. We aggressively pursue all defenses available to dismiss or reduce the drunk driving charges. We fiercely defend you during plea negotiations and court hearings.
Contact us today at 205-930–9800 to schedule your free consultation with one of our Birmingham DUI attorneys. We have successfully handled many cases throughout Alabama.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help if You’ve Been Charged With Drunk Driving in Birmingham
The Birmingham DUI lawyers at Jaffe, Hanle, Whisonant & Knight, P.C. fight drunk driving charges. We handle all types of DUI cases in Birmingham, Alabama. A drunk driving conviction can change your life. However, you have the right to present a defense to the allegations.
When you hire our top-rated Birmingham criminal defense attorneys, you can trust we will:
- Investigate the circumstances of your DUI arrest to gather evidence to use in your defense
- Provide a comprehensive case analysis based on the evidence
- Challenge evidence when applicable to have it declared inadmissible in court, including the results of field sobriety tests and chemical tests
- Represent you during all DUI hearings
- Explain your legal options, including the pros and cons for each option
- Defend your constitutional rights
- Prepare a defense strategy that gives you the best chance of obtaining the best possible outcome for your DUI case
Our Birmingham DUI lawyers have extensive trial experience. We have successfully handled many cases. Our attorneys have been recognized by Super Lawyers, The National Trial Lawyers, and Best Lawyers. Our legal team includes Board Certified Attorneys.
Expertise.com recognized Jaffe, Hanle, Whisonant & Knight, P.C. as Birmingham’s Best Criminal Defense Lawyers in 2022. We have a Superb 10.0 rating with Avvo and Martindale-Hubbell’s highest peer review rating, the AV Preeminent rating.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free case evaluation with an experienced Birmingham DUI lawyer.
Overview of DUI Laws in Alabama
Alabama’s DUI law is found in Section 32-5A-191 of the Code of Alabama.
It makes it unlawful for anyone to drive or have actual physical control of any vehicle if they:
- Have a BAC of 0.08% or higher
- Are under the influence of alcohol
- Under the influence of a controlled substance that makes it impossible to drive safely
- Under the combined influence of alcohol and drugs that makes it impossible to drive safely
- Under the influence of any substance that impairs their physical or mental abilities, making them incapable of driving safely
You can be arrested in Alabama for drunk driving even if your BAC is below 0.08 percent. If the prosecutor can prove that the substance in your system impaired your ability to operate the motor vehicle safely, you can be convicted of driving under the influence. This offense carries the same penalties as having a blood alcohol content over the legal limit.
The legal limit in Alabama is 0.08 percent. It is presumed if your BAC is above the legal limit, your driving abilities are impaired.
It is important to note there are different legal limits for some drivers. For example, the law states that anyone under 21 years old cannot have control of a vehicle if their BAC is 0.02% or higher. School bus and daycare drivers have a legal limit of 0.02% if they are driving while performing their duties. Commercial motor vehicle drivers have a legal limit of 0.04% for blood alcohol content.
What Is Alabama’s Implied Consent Law?
Alabama has an implied consent law for DUI. You agree by operating a motor vehicle that you will consent to a breathalyzer or chemical test after you are legally arrested for drunk driving.
If you refuse to submit to a chemical or breath test after a DUI arrest, your driver’s license is administratively suspended for 90 days. You cannot obtain a restricted driver’s license during the 90-day suspension, and the 90-day suspension is in addition to a suspension or revocation action that could result from a conviction of DUI charges.
What Is the 10-Day Rule for DUI Arrests in Alabama?
If you are arrested for driving under the influence, the arrest triggers an administrative case by the Alabama Law Enforcement Agency (ALEA). You have 10 days to request an administrative hearing to prevent an automatic suspension of your driver’s license. If you do not request the hearing within 10 days, your driver’s license is suspended 45 days later.
Filing a petition for an administrative hearing within 10 days stays the suspension of your driver’s license until an administrative hearing is held. Effective legal representation by a Birmingham DUI lawyer gives you a better chance of winning at the administrative hearing.
What Are the Penalties for DUI Convictions in Birmingham, AL?
The penalties for driving under the influence can be severe. Even a first-time DUI conviction could result in jail time.
The penalties for a DUI in Alabama include:
- DUI First Offense – Up to one year in jail, a maximum fine of $2,100, suspended license for 90 days, and attending DUI school
- DUI Second Offense – Five days to one year in jail, a maximum fine of $5,100, and revocation of driving privileges for one year
- DUI Third Offense – Sixty days to one year in jail, a maximum fine of $10,100, and revocation of driving privileges for up to three years
- Fourth and Subsequent DUI Offenses – Up to ten years in prison, a maximum fine of $10,100, and revocation of driving privileges for five years
The court may order additional DUI penalties in your case. For example, the judge may order your car to be impounded. You may be sentenced to community services or required to attend substance abuse treatment.
The penalties for a DUI charge may be enhanced if there are aggravating circumstances. Aggravating circumstances include, but are not limited to, having a BAC of 0.15% or higher, a minor 14 years old or younger in the vehicle, causing an accident with serious bodily injury, and causing someone’s death while driving under the influence.
Installation of an Ignition Interlock Device After a DUI Conviction in Alabama
Ignition interlock devices (IIDs) do not permit you to start your vehicle until you provide a clean breath sample.
The court orders IIDs to be installed for various periods if you are convicted of DUI and:
- Your BAC was 0.15% or higher, even if this is your first DUI arrest
- You refused to take a chemical breath test
- You had a child under 14 years old in the vehicle
- You cause an accident that results in injuries or deaths
- You are a repeat DUI offender
If the court orders you to install an IID, you must pay installation, maintenance, and monitoring fees. You cannot drive any vehicle that does not have an IID installed for the period ordered by the court.
Potential Defenses to DUI Charges in Birmingham, AL
Our Birmingham DUI defense attorneys analyze your case to determine the defenses we can raise based on the facts and evidence in your case.
Possible DUI defenses include, but are not limited to:
- The police officer did not have probable cause to make a DUI stop
- The officer did not administer the field sobriety tests correctly
- You have a medical condition that causes a false positive for BAC chemical tests or breath tests, such as hypoglycemia, diabetes, or acid reflux
- The results of a breath test are invalid because the breathalyzer malfunctioned because it was not calibrated correctly or the officer did not administer the breath test correctly
- Your BAC was below the legal limit at the time of your arrest but continued to rise between when you were driving and the administration of a chemical test (i.e., rising blood alcohol concentration defense)
- Your driving can be attributed to poor driving instead of being under the influence
- Residual mouth alcohol led to a high BAC result
- The samples taken for chemical tests were not collected, stored, or tested according to procedures
Our Birmingham DUI attorneys search for strong legal defenses to drunk driving charges. We work with the best expert witnesses when necessary to gather additional evidence. You may not avoid a DUI arrest, but you can take steps to protect your legal rights after the arrest with the help of a Birmingham DUI defense lawyer.
Schedule a Free Consultation With Our Birmingham DUI Lawyer
A DUI charge can turn your life upside down. Even though the state must prove its case for a conviction, you should not ignore the value of a strong defense. Being arrested for DUI in Birmingham, AL, is not a conviction. It is the beginning of the criminal justice process.
At Jaffe, Hanle, Whisonant & Knight, P.C., we aggressively defend you against criminal charges. Call our office today to schedule a free case review with a Birmingham DUI attorney.