Are you facing a DUI charge for the first time in Birmingham, AL? Alabama takes driving under the influence seriously, with strict laws in place for even first-time offenders.
Working with a criminal defense lawyer to understand what you’re up against is the best way for you to start fighting back. At Jaffe, Hanle, Whisonant & Knight, P.C., we have 100 years of combined experience.
Call today to schedule a free consultation at (205) 930-9800 with a Birmingham first-time DUI lawyer.
Why Choose Jaffe, Hanle, Whisonant & Knight if I’m Arrested for a First-Time DUI in Birmingham?
Facing a DUI charge is overwhelming, especially if it’s your first offense. Trusting your future to the right legal team can significantly change the outcome of a DUI charge in Birmingham, Alabama. Our Birmingham criminal defense lawyers understand that everyone deserves a robust legal defense, and we’ll do everything possible to support you.
Here’s why clients choose to work with us:
- We have over a century of combined legal experience.
- Members of our legal team have been recognized by Super Lawyers, Expertise.com, Best Lawyers, and other prestigious legal organizations.
- Both of our senior partners are past presidents of the Alabama Criminal Defense Lawyers Association.
Choosing to work with us when you’re dealing with a DUI charge is one of the most important choices you’ll make. Contact Jaffe, Hanle, Whisonant & Knight to schedule a free consultation with a Birmingham DUI attorney.
Overview of First-Time DUIs in Alabama
In Alabama, it’s illegal to be in physical control of any kind of vehicle while under the influence of alcohol or drugs. If your BAC is .08% or higher, this can lead to a conviction, even if you weren’t “acting” intoxicated.
You can also be arrested and convicted if you’re under the influence of alcohol, a controlled substance, or a combination to a degree that makes it unsafe to operate the vehicle. This means even if your BAC is under the legal limit, you can still be convicted.
Anyone under 21 is prohibited from driving with a BAC of .02% or higher, and commercial drivers will face a DUI if they have a BAC of .04% or higher.
What Are the Penalties for First-Time DUI Offenders in Birmingham, Alabama?
If this is your first time being charged with a DUI in Birmingham, AL, within the past 10 years, you will be charged with a misdemeanor in most cases. Possible penalties include up to one year in jail, fines ranging from $600 to $2,100, a 90-day license suspension, and the installation of an ignition interlock device (IID) for a period of six months.
Penalties for High BAC or Special Circumstances
If your blood alcohol concentration (BAC) was .15% or higher, Alabama law requires the judge to give harsher jail sentences. A first-time offender with a BAC of 0.15% or higher faces enhanced penalties, including the possibility of up to one year in jail, but judges frequently suspend most or all of the sentence.
Underage DUI Penalties (Drivers Under 21)
For drivers under 21, being found with a BAC between .02% and .08% leads to a separate “underage DUI” violation. Penalties include a 30-day license suspension.
Regardless of the circumstances, the penalties can have a severe impact on your life and should always be taken seriously.
What Defenses Can Be Raised if I’m Arrested for a First-Time DUI?
While a first-time DUI charge in Birmingham is a serious matter, it doesn’t have to define your future. You may be able to defend yourself from the charge.
Common legal defenses include:
Challenging the Traffic Stop
Officers need a valid, lawful reason to pull your vehicle over. If the original stop wasn’t legitimate, any evidence obtained as a result of the stop can be suppressed, meaning it cannot be used against you in prosecution. This could include any chemical testing, observations made by the police, and statements you made to the officer.
Medical and Physical Conditions
Some medical issues can accidentally mimic or increase standard DUI signs even if you were not under the influence of alcohol. Diabetes, anxiety, and some neurological disorders could manifest as signs of impairment.
Missing or Mishandled Evidence
Officers have to follow careful rules from the moment you’re pulled over through arrest, booking, and testing. If evidence was lost, mislabeled, or contaminated, this could allow your lawyer to poke holes in the prosecutor’s case and raise reasonable doubt with the judge and jury.
Not Driving or Not in Physical Control
To be convicted of a DUI in Alabama, the prosecutor must show you were “driving” or “in actual physical control” of the vehicle. If you were merely sitting in a parked car with no intention of driving, this could lead to a not-guilty verdict.
With the right legal strategy, you can walk away from this situation and move on with your life.
Schedule a Free Case Evaluation With Our Birmingham First-Time DUI Offenders Attorneys
After being charged with a first-time DUI offense in Birmingham, AL, you may have legal options. Penalties for even a first offense can impact your ability to drive, your work situation, and your freedom.
Reach out to Jaffe, Hanle, Whisonant & Knight to arrange a free consultation with a Birmingham DUI attorney.