DUI Defense A New Approach to Legal representation

DUI Lawyer in Birmingham

Trusted Legal Advice for DUI Charges in Birmingham

Being charged with driving under the influence (DUI) is a potentially life-changing event. A DUI conviction can carry serious consequences, including both legal penalties and far-reaching ramifications. In addition to fines, potential jail time, and an impact on your driving privileges, a DUI conviction can also raise your insurance rates and possibly cause you to lose your driver’s license altogether.

In Alabama, you can be charged with DUI if either:

You have a blood alcohol concentration (BAC) of .08 percent or higher
You are under the influence of drugs, alcohol, or any impairing substance to the point where you can no longer safely operate a vehicle

However, being arrested does not guarantee guilt, and it’s extremely important to have legal counsel on your side who can represent your side of the case. At Elizabeth Hunter, we recognize the seriousness of a DUI arrest, and we know what it takes to challenge your accusations both in and out of court. Whether this is your first arrest or you have been convicted previously, Attorney Elizabeth Hunter is an experienced defense advocate who may be able to help you fight to defend your rights and your reputation.

Request a free consultation by calling (205) 900-3815 today! We serve clients throughout Jefferson and Shelby Counties.

Your Rights and Options After a DUI Charge in AL

Facing a DUI charge can be overwhelming, but understanding your rights and options is crucial. At Elizabeth Hunter Law Firm, LLC, we believe that knowledge is power.

Here’s what you need to know:

Right to Remain Silent: You have the right to remain silent when questioned by law enforcement. It's important to exercise this right until you consult with an attorney.
Right to Legal Representation: You have the right to an attorney. Having experienced legal representation can significantly impact the outcome of your case.
Challenging Evidence: There may be grounds to challenge the evidence against you, such as improper testing procedures or violations of your rights during the arrest.
Plea Bargaining: In some cases, you may have the option to negotiate a plea deal that can reduce the penalties or charges you face.
Understanding Consequences: A DUI conviction can have serious consequences, including fines, license suspension, and even jail time. Knowing these consequences can help you make informed decisions.

At Elizabeth Hunter Law Firm, LLC, we are dedicated to providing you with the guidance and support you need during this challenging time. Our team will work closely with you to explore all available options and develop a defense strategy tailored to your unique situation.

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Why Choose Elizabeth Hunter?

Person-First Representation With A Track Record of Excellence

Compassion Backed by Action

In order to better understand your unique situation and to craft your aggressive strategy, we listen first; then act.
Proven Track Record

With years of experience serving clients across a wide range of practice areas, Attorney Hunter boasts a long history of excellence.
Responsive and Reachable

We know that the legal process can be intimidating; we prioritize being available when you need us and keep you updated at every step.
Empathetic Approach

Most attorneys can understand different perspectives, but we truly empathize with you and care about the person behind the case.

Penalties for DUI in Alabama

In Alabama, the penalties for a DUI (Driving Under the Influence) conviction can be severe and vary depending on the offender's history. For a first offense, the penalties include jail time, large fines, and a driver's license suspension (plus other impacts on your driving record).

Penalties for a first DUI offense can include:

Up to one year in jail
A fine ranging from $600 to $2,100
A 90-day license suspension

The penalties escalate significantly for subsequent offenses, particularly if they occur within a short time frame. These convictions can carry mandatory minimum jail sentences, fines that can escalate to over $10,000, multi-year driver’s license suspensions, and even a potentially permanent criminal record.

Additionally, any DUI conviction also carries mandatory probation lasting up to two years and mandatory ignition interlock device installation on the accused’s vehicle.

Alabama Felony DUI Penalties

A fourth DUI charge within 10 years or any DUI that causes an accident with serious bodily injury or death is automatically charged as a felony DUI. This dramatically increases the seriousness of your case, escalating the penalties to potentially include a permanent impact on your life. Additionally, convicted felons lose their right to vote, the right to own a firearm, and their right to hold certain positions of employment both within and outside of the state.

Defense Strategies Against DUI Charges in AL

One of the reasons DUI charges are so intimidating to so many people is that law enforcement and prosecutors go to great lengths to make their case appear to be watertight. They want those accused to believe fighting the accusations is futile and that there is no potential for their case to fall apart. After all, it is their job to earn convictions, and the easiest way to do that is for the accused to plead guilty.

However, there are far more ways for one of these cases to fall apart than it might seem. For starters, blood and breath tests are not infallible. If the results are gathered from a machine that has not been properly calibrated and certified, its results might not be accurate. Likewise, blood samples must be handled by a specific and rigid process to guarantee they are not improperly contaminated. If a sample was improperly handled along the way, its results could be compromised.

These are just a few of the ways a skilled Birmingham DUI attorney can argue on your behalf.

Don’t face your DUI charge alone; contact us today to schedule a consultation and take the first step towards protecting your rights.

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Field Sobriety Tests

If officers have “reasonable suspicion” that someone might be intoxicated, such as smelling alcohol on their person, witnessing erratic driving, or breaking traffic laws, they may ask that person to take a field sobriety test. These tests are simple physical tasks that are difficult to do when intoxicated. Failure to complete one or more of these tests can legally establish “probable cause,” which is the legal standard necessary for law enforcement to make a DUI arrest.

It's important to note that in Alabama, you are not required to consent to a field sobriety test. This is key because field sobriety tests are not scientific, and failure does not necessarily prove any level of driving impairment. However, Alabama Code Article 8, § 32-5-192(a) says that motorists give implied consent to chemical testing. If you refuse to take a field sobriety test, you will most likely be asked to take a blood or breathalyzer test instead. You must submit to this test, or else you will be in violation of the law and can have your driver’s license revoked for up to 90 days.

Don’t hesitate to reach out to Elizabeth Hunter today if you have been accused of driving under the influence! Contact us online or by calling (205) 900-3815 for a free case evaluation.

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She crossed every 'T' and dotted every 'I' possible! She has outstanding people skills and she's very understanding; she helped me get back to freedom and my kids. I can’t thank her enough.

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DUI Defense FAQs

FREQUENTLY ASKED QUESTIONS

Have questions? We'll be your resource. Can't find the answer you need? Give us a call at 205-900-3815 today!

I Tested Beneath the Legal Limit. Why Was I Still Arrested?

Alabama law does not require you to have a specific blood alcohol content in order for you to be considered impaired. In fact, a number of illicit substances can impair someone without registering any increase in blood alcohol level. Prosecutors have to prove some level of impairment, and they usually do this with circumstantial evidence like the arresting officer’s observations or a failed field sobriety test. This type of evidence is often subjective, however, and a skilled attorney can often challenge this evidence in court.
What Is an Ignition Interlock Device (IID)?

An IID is an additional ignition lock hooked to a breathalyzer. The driver must blow into the breathalyzer and pass a sample test in order for the device to unlock the ignition and allow the vehicle to start.
If you are convicted of DUI, you may be required to install an IID on every vehicle you operate. You will be required to pay the costs of installing and maintaining this device for the duration of your required term. Additionally, you are also prohibited from operating any vehicle that does not have one of these devices installed until your IID requirement lapses.
What Is a Court Referral Evaluation?

The Alabama Mandatory Treatment Act of 1990 requires all drug and alcohol offenders who are on parole or probation to receive education, treatment, monitoring, and drug testing through the Court Referral Program. After an assessment, those in one of these programs are required to participate in a certain number of activities, such as educational classes or rehabilitative treatments. They must also undergo monthly alcohol or drug testing at their own expense (unless the court determines them to be indigent).
These programs are required to regularly report progress to courts, including any violations or failures.
What Is the Legal Limit for Blood Alcohol Content (BAC)?

In Alabama, most drivers are considered to be under the influence with a BAC of .08 percent. However, this limit drops for those with special circumstances. For example, that limit drops to .04 percent for those operating a commercial vehicle and .02 percent for school/daycare bus drivers or those who are under the age of 21.

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