Driving Under the Influence

Driving Under the Influence

If you have been arrested for driving under the influence (i.e. DUI), it is likely because the officer believes your blood alcohol concentration was .08% or higher while you were driving. For commercial drivers, the legal limit is .04%, and for drivers under the age of 21, they generally can be arrested for a DUI if their blood alcohol concentration was .02% or higher while driving.

Tests for Alcohol

Oftentimes, to determine whether a driver is under the influence while driving, an officer may require a driver to perform a number of tests. Such tests include a breath, blood, urine, or field sobriety tests. Under Alabama law, a person is not physically required to take chemical tests (i.e. breath, blood, or urine tests), but by driving in Alabama, a person impliedly consents to such tests if lawfully arrested for DUI and an officer requests the test. As such, if a driver refuses to take a chemical test it can trigger penalties such as license suspension. Alabama law states that field sobriety tests are generally voluntary. Although, a driver who refuses to take such field sobriety tests may still be arrested for DUI if the officer has probable cause based on other factors such as: odor of alcohol, admissions of drinking, slurred speech, and other observations. 

After the Arrest

After a DUI arrest, the offender typically faces criminal charges in court and administrative penalties. An individual may have the option to try to negotiate a plea agreement after the arrest; subsequently, this would allow a person to admit guilt in exchange for being charged with a less serious offense. In the alternative, a person may be eligible for diversion program whereby the individual is to complete certain requirements in exchange for avoiding a DUI conviction on their driving record.  

DUI charges have the potential of getting dropped in some situations. If there is insufficient evidence of driving under the influence, or a constitutional right was violated, a prosecutor may drop the charges all together. To determine whether your case may be dismissed or the status of your case, an attorney at Wiggins Law Firm, LLC can help you better understand your options and where your case stands. At Wiggins Law Firm, LLC, our attorneys are zealous advocates in seeking the best options available for our clients!

If you have any questions, we will help you figure out your next steps. All it takes is reaching out to Wiggins Law Firm by calling (205) 252-3999.