Friday, November 20, 2015

Alabama DUI Laws and the Implications behind Implied Consent

Just like every other state, any driver found to be driving under the influence of alcohol or drugs is liable to be punished. For the most part, DUI is a criminal offense that attracts numerous fines and penalties. According to Huntsville, AL DUI lawyers, if you are 21 or over, and are found to be driving with a blood alcohol content level or BAC of 0.08% or more, you can be convicted of DUI.

The limit is only 0.02% for drivers under 21 years while commercial drivers can be charged if found with a BAC 0.04%.

If you are about to have the law book tossed at you in the Huntsville region you need legal help. There is no better law firm in the business in this domain than the Morgan Law Firm, P.C. This law firm does not have to go to great lengths to impress anyone since their track record does that for them.

Implied Consent

Alabama is among the states with an implied consent law that maintains that any driver has already consented to a chemical test if the police have reason to believe he or she is driving under the influence. If you go by the word of legal professionals, refusal to take a breath, urine or blood test will result in automatic suspension of the driver’s license for 90 days in addition to a fine.

A second refusal within a span of five years can lead to a one year suspension of your driver’s license. Even if you are rendered unconscious in an accident, the law does not protect you from having to undergo chemical tests.

Alabama DUI lawyers reiterate that in the event of your license being suspended the state is required to inform you about your right to a hearing. At this hearing, it would be prudent to have a legal representative argue whether the arresting officer had reasonable grounds to suspect you were driving under the influence. Following the hearing, the state may go ahead and suspend your license or have it reinstated. If your license is suspended you have the right to file a review petition in court.

If you happen to be from out of state your driving privileges in Alabama will be revoked while the authorities will notify your state about the incident and the action taken against you.

Refusal – not always a Sensible Choice

Since the state follows the implied consent law, most Alabama DUI lawyers recommend that you take the test. While you may be tempted to refuse it won’t guarantee that you won’t be convicted. On the contrary, this gives the prosecution the opportunity to argue that refusal is a clear indication that you were intoxicated and guilty of driving under the influence.

Consequences of a DUI Conviction

Suspension of your driving license isn’t the only punishment you face if convicted of DUI. Over the years, Alabama’s DUI laws have become increasingly tougher. Since 2012, the state laws mandate the installation of an ignition interlock device in the offender’s vehicle. Other punishments for a first time DUI offender include a fine between $500 and $2,000, and up to a year in jail.

The Morgan Law Firm finds a hole in the opposition's case and blows it wide open. They have been doing this for years. No one is perfect, there are not any guarantees. But if you need a Huntsville, Alabama DUI lawyer, this is where you should be headed: https://usattorneys.com/company/morgan-law-firm-pc/.
If you have been arrested on a DUI charge make sure to get help from a salient and monumental Alabama DUI lawyer. Remember, a DUI conviction leads to serious consequences that can have an impact on your finances, career, social, and family life. Therefore, your best bet is a lawyer who can put up the best possible defense to totally avoid (this is rare but it could happen) or reduce the consequences. 

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