OUI lawyers call in Alabama call it the DUI offence or Driving Under the Influence. The Alabama DUI law prohibits any person to drive the motor vehicle while he/she is intoxicated i.e. driving under the influence of an alcohol or drugs. The law states that if a person’s Blood Alcohol concentration level found is 0.08% or more while operating the vehicle, the officials will charge them with DUI offence which results in prison time and civil penalty.
Things to know about DUI
A person may have consumed alcohol, drugs, or alcohol and drugs both. The degree of consumption is significant to a level that renders the person incapable of driving and making logical decisions while driving.
The laws are stricter for people age under 21 years. If an underage person drives the motor vehicle with blood alcohol concentration of 0.02% or more, then he/she will be charged with Driving Under the Influence offence. They will face license suspension lasting about a month and will go through treatment of substance abuse.
Did you know that a person can be charged with DUI even if he is not actually operating the motor vehicle. The statute will involve the person who has the power and ability to move, park, operate or direct the vehicle while still under the influence of intoxicants.
BAC limits for Alabama DUI – The BAC levels define the drunk driving offense as opposed to impairment level of a driver. It is known as “Per se” DUI. This is the amount of alcohol an individual consumes to reach 0.08 % or more. The depending factors are type of the body, gender, and the amount of alcohol consumed. If a person has been consuming alcohol, it is often advised not to drive the motor vehicle for own safety and that of the others.
OUI lawyers say charges and sentence for a DUI is entirely based on the circumstances. The court of law can sentence penalty, jail or both along with license suspension. The sentence will entirely depend on what the actual case was and the history of past convictions or DUI offenses in the last 10 years.
The sentence of DUI offence will depend on whether it is 1st offense, 2nd offense or 3rd or subsequent offense. The person will have to face the prison, penalty, suspension of license and Ignition Interlock device. The sentence gets harsher with subsequent offenses.
The BAC test is done by breathalyzer testing for alcohol in the breath. Other ways include testing the urine or blood for alcohol concentration. If in any case the driver refuses to administer the test when asked by police official, his/her license will be immediately suspended for 3 months. The duration of license suspension may increase if the person has objected to administering the test in the past 5 years.
According to the OUI lawyers, person’s refusal to the BAC test is entirely different from the DUI conviction. Even if he/she has been cleared of DUI charges, he/she still may have to face the consequences of refusal. During the trial, the prosecution may use the refusal against the charged subject.