Alabama DUI First Offense

Being arrested on a first offense DUI charge in Alabama can be a traumatic event and can have life changing consequences if the charges against you are not handled properly from the beginning. It is very important that you take some time right now and review all of the information on this page regarding an Alabama first offense DUI charge.

There are two parts to a DUI charge in Alabama, the first part is the criminal case of driving under the influence. The criminal case will be handled through the Alabama court system and the second part is the administrative actions that will be taken against your driving privileges by the Alabama Department of Public Safety or DPS.

Criminal Case Overview

There are two possible ways a person may be prosecuted for DUI in Alabama. The first is that Alabama DUI charges can be brought against any person who is found to be under the influence of alcohol, drugs, intoxicants or any combination thereof while operating a motor vehicle.

The second way a person may be prosecuted under Alabama DUI law is for violating Alabama's per se law. The per se law comes into effect when a person is arrested and found to have a blood alcohol level of .08% or greater. Even if an individual does not show any signs of impairment, the mere fact that their BAC level is above the legal limit of .08% is enough to be prosecuted based on blood alcohol level alone.

Under Alabama DUI law it is also not necessary to be actually driving a vehicle under the influence to be charged with DUI. Say for instance if you pulled off the side of the road, turned off the vehicle and fell asleep in the vehicle, based on the fact that you were in the vehicle, showed physical control of the vehicle by means of possessing the keys is grounds enough for a police officer to arrest you for a first offense DUI in Alabama.

You are not required by law to submit to the field sobriety tests that the officer would request you to perform. Alabama DUI law does however, require you to submit to a chemical test, whether it be a breath, blood or urine test. Failure to submit to the official chemical test will result in a 90-day driver's license suspension without the chance of receiving a restricted license during the 90-day suspension period.

The prosecution will also use the test refusal against you in court, stating that your refusal is an omission of guilty. An experienced Alabama DUI lawyer will be able defend against this argument because there are many reasons why a person might refuse the test.

Alabama Administrative Driver License Hearing

When you are arrested for DUI in Alabama the arresting officer will issue you a document called a AST-60 which basically tells you that your driver's license will be suspended and that the suspension will go into effect 45-days from the date listed on the AST-60 form.

Important: Alabama DUI law only allows a 10-day window from the date of your arrest in which your lawyer may file a request for an administrative driver's license hearing with the Alabama Department of Public Safety, if you wish to challenge the suspension of your driver's license.

If a hearing request is not made within this 10-day period, you will not be eligible for a hearing and the officer's suspension of your license will be upheld. The minimum suspension period for an Alabama DUI first offense is 90-days.

Alabama DUI First Offense Penalties

For a DUI offense to be classified as a first offense DUI in Alabama the defendant must not have had a previous DUI conviction within the past 5-year period. As long as there was not an accident resulting in the death of one of the other vehicle's occupants and there was no serious bodily injury to another person, a first offense DUI in Alabama will be classified as a misdemeanor offense.

Upon being convicted of a first offense DUI the defendant may face a period of imprisonment of up to 1-year in either an Alabama county jail or a municipal jail. A first offense will also result in a fine of between $600 and $2,100.

First time offenders will also be ordered to attend and succesfully complete a court approved substance abuse program as a requirement before having their driver's license reinstated. A first offense DUI will also result in a 90-day license suspension if the suspension period is upheld by the DPS or the defendant fails to request an administrative hearing within 10-days of being arrested.

Alabama SR22 Insurance Information & Quotes

Before the Alabama Department of Public Safety will issue you a restricted license or reinstate your license following the suspension period you will be required to file an SR-22 form with the DPS. Following a DUI conviction in Alabama you will be required to maintain your SR-22 filing with the DPS for a period of 3-years from the date of reinstatement or from the date of being issued a restricted license.

Once you become eligible to have your license reinstated you will need to do the following:

1. Signup for an Alabama SR22 insurance policy.
2. Take a copy of your SR22 policy to one of Alabama's Driver Improvement office locations.
3. Pay a reinstatement fee of $275 (if the DUI was drug related there will be an additional $25 fee).

It is important that you avoid any lapse in your SR22 insurance coverage because a lapse in coverage will result in the mandatory 3-year SR22 filing period with the DPS starting all over again. For example, if you were 2-years into your SR22 filing period and had a lapse in insurance coverage, you would have to start the 3-year filing period from the beginning.

To avoid a lapse in coverage it is important to select an Alabama SR22 insurance policy with the lowest possible premium from the start. We have created a competitive quoting environment with the top SR22 insurance providers in the state of Alabama. By entering your zip code in the box below and completing the simple 3-part quote form on the following page you will receive up to 5 very competitive SR22 insurance quotes from the top insurance companies in your area of the state:

Alabama Underage DUI First Offense

A first offense DUI under the age of 21 will result in a license suspension of 30-days for a BAC level between .02% and .079%. A person under the age of 21 who is arrested for driving under the influence with a blood alcohol content of .08% or greater will face the same fines and penalties as someone over 21 would face for a first offense DUI in Alabama.

Other Alabama DUI Resources

• Alabama DUI Laws   Complete overview of Alabama's DUI laws, fines and penalties for each DUI offense.

• Alabama SR22 Insurance   Learn everything you need to know about Alabama's SR22 filing requirements with the DPS and find out how you can save hundreds of dollars each year on your Alabama SR22 insurance.

• Alabama DUI Lawyers    Information about our Alabama DUI lawyers.