Beware Alabama has just enhanced it’s DUI law.
DUI Defense
Ben Hand has been involved with hundreds of DUI cases. He has had the unique position of having been involved in DUI cases as a prosecutor, a defense attorney and even as a Judge which has allowed him to see cases from every angle. This unique set of circumstances has given him a good working knowledge of how to handle your matter so that the outcome will be best for you.
Every case is different so we take each case and break it down in order to find the best way to proceed with your matter so that a favorable outcome might be obtained.
Have you recently been charged with a DUI and do not know what to do? If so, then it is time you speak with one of our experience DUI Attorneys who will be there beside you from the first day in court to the last day fighting for your rights. Here at Hand and Associates, we not only represent you in court, we will better educate you on the Alabama DUI Laws to assure that you will never be in this situation again. This is probably one of the most scary times you will have to face, so knowing your rights can mean the difference between a conviction and an acquittal.
We work hard to provide you the best lawyer service in your DUI case.
Alabama 10-Day Rule
This is important so listen up! Following your arrest, the arresting officer gave you a Notice of Suspension (AST-60). This form requires that you request an administrative hearing with the Director of Public Safety or his agent within 10 days of the arrest, or you will lose your license. This is completely separate from the impending criminal charges and allows the state to suspend your license twice!
Please do not let this happen to you, contact us and speak with an attorney who will fight for you.
Field Sobriety Tests
When you are pulled over by an officer who suspects you are under the influence, you may protect yourself by doing the following:
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•Remain in your car unless the officer says to do otherwise.
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•Keep your hands on the steering wheel while staying calm and respectful.
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•The United States Constitution protects you from doing the following (please note that at this point you may be arrested):
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•Giving the number of drinks consumed, DO NOT ANSWER!!!
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•Field Sobriety Tests, DO NOT PERFORM!!!
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•Breath, Urine, or Blood Tests, DO NOT PERFORM-but you may lose your license for 90 days in AL, one year in GA which is better than getting a DUI on your record.
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Don’t wait, contact us today!
DUI Convictions
For persons above the age of 21, you cannot be in actual physical control of any vehicle while…
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•There is a .08 or higher level of alcohol in your blood.
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•Under the influence of a controlled substance that makes you incapable of driving safely.
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•Under a combined influence of a controlled substance and alcohol which makes you incapable of driving safely.
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•Under the influence of any substance that impairs mental and physical abilities necessary to operate a vehicle.
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•Any schoolbus or daycare driver cannot have more than a .02 Blood Alcohol Level while performing his or her driving duties.
For persons under the age of 21, you cannot be in actual physical control of any vehicle while…
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•There is a .02 or higher level of alcohol in you blood.
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•Under the influence of a controlled substance that makes you incapable of driving safely.
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•Under a combined influence of a controlled substance and alcohol which makes you incapable of driving safely.
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•Under the influence of any substance that impairs mental and physical abilities necessary to operate a vehicle.
Penalties for a DUI offense
Many states, including Alabama, are becoming more strict concerning people who are caught driving under the influence, especially those with a previous conviction. To better understand the you may face, look at the following list:
First Time Offender:
This is a misdemeanor with charges may include up to one year in jail, a fine between $600 and $2,100, a driver’s license suspension for 90 days, and mandatory attendance at a court approved substance abuse program.
Two Time Offender:
This is also a misdemeanor with charges may include at least five days in jail, or thirty days of community service in place of that five days, and up to one year in jail, a fine between $1,100 and $5,100, a one year driver’s license suspension, and mandatory attendance at a court approved treatment program. If this conviction comes less than five days after the first, penalties will be increased.
Three Time Offender:
This charge is the last one that will be a misdemeanor and can carry charges that may include jail time between 60 days and one year, a fine between $2,100 and $10,100, and a three year rovocation of the defendant’s driver’s license, and mandatory attendance at a court ordered treatment program.
Four Time Offender:
This charge will be classified as a Class C Felony with jail time between one year and one day to ten years, a fine between $4,100 and $10,100, a five year revocation of the defendant’s driver’s license, and mandatory attendance at a court approved treatment program.
