Driving under the influence DUI


Gadsden DUI attorneys representing clients in Gadsden, Attalla, Southside, Rainbow City, Hokes Bluff, Glencoe and other areas of Etowah, Blount, Cherokee, Dekalb, Calhoun and St. Clair Counties


Arrrested

GADSDEN DUI LAWYER FIGHTS FOR YOU

We protect your rights with extensive legal knowledge and strong litigation skills.

According to the Federal Bureau of Investigation, in 2010, 1.41 million people were arrested or convicted of driving under the influence of alcohol or narcotics. DUI offenses are becoming more and more common, and an arrest or conviction can have serious personal and professional ramifications. At Dani V. Bone & Sam D. Bone, Attorneys at Law, we provide an understanding, caring atmosphere where you get the legal advice and representation you need to overcome your legal challenges.

Helping you navigate DUI laws in Alabama

In Alabama, driving under the influence (DUI) and driving while intoxicated (DWI) are considered the same offense, and the terms are used interchangeably. The legal limit of blood alcohol concentration (BAC) is .08 percent. Commercial drivers are subject to a .04 percent limit. School bus and daycare drivers and drivers under the age of 21 can face charges for a BAC above .02 percent.

Penalties for DUI offenses include automatic license suspensions, fines, community service and jail time. Your first drunk driving conviction results in an automatic 90-day license suspension and up to one year in jail, a fine of $600 to $1,200, or both. Second offenses come with a one-year license suspension, a mandatory five days in jail with up to one year possible, a minimum of 30 days of community service and a possible fine of $1,100 to $5,100. Repeat DUI offenders can face felony charges resulting in thousands of dollars in fines and several years in prison.

Don't Do it

Statistics

Statistics indicate that at least 20 percent of all traffic deaths are attributed to driving under the influence of alcohol or drugs. If you injure or kill another person while driving under the influence, you could face vehicular homicide charges. An experienced DUI attorney can ensure that you present the strongest defense.

Our firm routinely handles DUI cases involving:
  • Implied consent laws
  • — Driving on Alabama roads automatically gives law enforcement your implied consent to submit to BAC tests. Refusal to submit to a test results in automatic and potentially severe penalties.
  • Super DUI laws
  • — Recent legislation has greatly increased the penalties for driving under the influence and you could face significant jail time and fines if your BAC is above a specified limit. Our DUI FAQs page provides additional information about drunk driving offenses, you rights as an Alabama driver and the potential consequences of your arrest.
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The 10 Day Deadline for License Suspension

Most people arrested for a Gadsden Alabama DUI have their driver’s licenses taken from them by the police. If your driver’s license was taken from you, then you ONLY HAVE TEN (10) DAYS to request a hearing to try to stop the suspension of your Alabama driver’s license.

If you refused to take the breath test after you were arrested (or the police officer claims you refused to take it) or if you submitted to a test that yielded results of .08% or more, then your Alabama Driver License may automatically be taken and will be subject to suspension (or revocation) for ninety (90) days to five (5) years.

This automatic driver’s license suspension case is separate from your DUI case. You CANNOT put off dealing with your driver’s license suspension case until your DUI case goes to court.

Because you only have ten (10) days to request a hearing to protect your driver’s license, it is very important that you contact an Alabama DUI defense attorney as soon as possible after you are arrested for DUI.

License Suspension

Your driver’s license can be suspended before your DUI case goes to trial. In fact, most people charged with DUI have their driver’s license suspended before they have a trial on their DUI case. Your driver’s license can be suspended by the Alabama Department of Public Safety merely because you were arrested for DUI and the breath test you were given shows your blood alcohol level to be over a certain level, or the police say you refuse to take a breath test. The suspension periods vary from ninety (90) days to five (5) years.

Usually the officer who arrests you will take your license from you at the police station or jail and give you a gold, 8½” x 11” piece of paper that is called an “AST-60” form. You should see “AST-60” printed on the bottom left of the form. In most cases involving Alabama licenses, if your license was current at the time of your arrest, the AST-60 form may act as a temporary driver’s license you can use to drive for 45 days after your arrest. However, after 45 days your license may be suspended.

Don't Do it

Our attorneys can obtain a hearing for you to contest the suspension of your driver’s license. However, YOU ONLY HAVE 10 DAYS from the date of your arrest to request this hearing. These hearings are held at the Department of Public Safety. If the Department rules against you following the hearing, you have a right to appeal the Department’s decision to the circuit court of the county where you were arrested.

It is important that you understand that this type of driver’s license suspension case is separate from your DUI case, and it is not handled by the criminal court that handles your DUI charge. Instead, this driver’s license suspension case is handled within the Alabama Department of Public Safety, which is the administrative agency of the State of Alabama that issues driver’s license. This type of case is often called an “Administrative Driver’s License Suspension” case. We would be glad to discuss your Driver License Suspension case with you. In the majority of cases, we are able to reduce the length of the driver’s license suspension. In many cases we are able to get the Department to remove the fact that our client’s license was suspended from the client’s driving record.

License Suspension

DUI related driver's license revocation or suspension actions are instituted by the Director of Public Safety for Driving or being in control of a motor vehicle with blood alcohol level of:

  • .08 or above (all persons);
  • .02 or above (under 21)
  • .02 or above (school bus or day care drivers while performing duties)
  • .04 or above (commercial driver) and for Refusing test as directed by officer to determine blood alcohol level.
  • Procedure

    Arresting officer issues notice of suspension or revocation at time of arrest (AST-60). Arrestee may request:

  • Administrative Review, and/or
  • Administrative Hearing - MUST REQUEST HEARING WITHIN 10 DAYS IN ORDER TO GET JUDICIAL REVIEW.
  • Arrestee may appeal adverse ruling to Circuit Court for Judicial Review within thirty (30) days after ruling of administrative hearing.

    Suspension periods vary from ninety (90) days to five (5) years - depending on driver's age, license category, and driving record.

    Contact A Gadsden DUI Lawyer

    If you have questions about Driving Under the Influence, feel free to call or email to set up your free no obligation consultation. You may call our office at (256) 547-1005 or email at samueldanibone@gmail.com.

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