Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « DUI Penalties in Alabama
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- According to the laws if a driver is suspected for driving under the influence, he/she must have to give breath test at the spot, urine or blood for alcohol or drug content tests. These are known as implied consent laws. Any rejection leads to punishment and penalties. It may include driving license suspension for a year.
Blood-Alcohol Concentration
Blood Alcohol Concentration (BAC) level great than.08% is considered as driving under the influence (DUI) or Driving While Intoxicated (DWI) and is considered per se intoxicated as per law.
Zero Tolerance Blood-Alcohol Concentration
Legal drinking age of driver is not considered for zero tolerance laws. Alabama state’s law considered .02% blood alcohol level punishable for the person who is under 21 year of age or above.
Enhanced Penalty Blood-Alcohol Concentration
Some states have meticulous penalties for the drive that has high blood-alcohol level at the arrest time. This mainly between .15% to .20% above the legal limit. But these enhanced penalty laws are not applicable in Alabama.
Administrative License Suspension/Revocation Penalties
Those drivers who has BAS level above Alabama’s maximum limit level of alcohol concentration, that is .08%, have some mandatory penalties. These penalties include transitory or permanent suspension of driving license. 90 days suspension is mandatory for such drivers. One year suspension for second offense, and three years for third offense.
Vehicle Confiscation
One of the strict penalties is the confiscation of the vehicle that is driven by the drug influenced driver. It is mainly done to the driver who repeats their offense time to time. But this penalty is not applicable in Alabama.
Ignition Interlock
Convicted DUI driver is asked to pass a breath test through a device that attaches to the vehicle. This device is called Ignition Interlock. Some states have possibly this penalty. But in Alabama this is not applicable.
Mandatory Alcohol Education and Assessment/Treatment
A penalty is often induced to the offended driver that asks for some teaching and prevention program. Some treatment is also advised to the offenders. These all DUI penalties are required in Alabama. But options are available in such penalties. Either offender takes these sentences of incarceration or pay fine.
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