Five Categories of DUI in Alabama

Code of Alabama (1975) § 32-5A-191 enumerates five categories of DUI in Alabama:

• (1) There is 0.08 percent or more by weight of alcohol in his or her blood
• (2) Under the influence of alcohol;
• (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
• (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
• (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

Navigating the complex legal world a drug and/ or alcohol DUI charge can be overwhelming. At The Stoves Law Firm, P.C., we offer skilled, solid, and strategic representation to protect your rights and seek the most favorable outcome for your case. Fueled by our deep understanding of intricate drug DUI laws, our seasoned attorneys proactively approach each case with foresight, clarity, and tailored advocacy, aimed to achieve a resolution that preserves both your personal and professional reputation. From the onset of your legal journey, our focus is on your success, carefully steering the process with your best interests at heart. Your future is important to us. That’s why we welcome your call our Birmingham Alabama DUI Attorney at (205) 823-7233 for a Free Consultation.

DUI based on a Controlled Substance

Being charged with a Drug DUI (Driving Under the Influence) is a grave matter in Alabama. Under Alabama law, more specifically Alabama Code Section 32-5A-191 (a) (2), a person could be charged with a DUI if they operate a vehicle while under the influence of a controlled substance, that significantly impairs their cognitive and motor skills. This includes prescription drugs as well as illegal substances. The courts take these crimes seriously, having a significant impact on your reputation, personal relationships, professional career, and, most importantly, your freedom.

Our law firm is steadfast in its dedication to standing up for the rights of individuals facing such charges. Contemporary legal practices demand a comprehensive understanding of the nuances of Drug DUI regulations, meticulous preparation, and rigorous defense strategies. Our team of seasoned attorneys possesses these qualities, using them to challenge the prosecution at every turn. It is crucial to remember that being charged does not equate to being guilty. Every individual has the constitutional right to defend themselves against any charges brought against them, and our law firm ensures its clients exercise this right fully.

We commit to thoroughly investigating every aspect of your case, including the sequence of events leading up to the arrest, law enforcement conduct, and the validity of the drug test results. We aim to carefully scrutinize every detail to provide a defense strategy that seeks the most favorable outcome for our clients. Facing a Drug DUI charge does not have to signify the end. Let our trusted team guide you through this difficult time with assertive representation that pursues justice fervently and consistently.

DUI for use of Alcohol

Code of Alabama (1975) § 32-5A-191 (1) and (2) address DUI when law enforcement believes the Defendant has been drinking alcohol. When a person operates a vehicle under the influence of , their ability to drive safely is often severely compromised. The impact that each drink has can vary considerably, but overall, alcohol can hinder motor skills, decision-making, reaction time, and surveillance, all of which are crucial for safe driving. Drinking alcohol and taking Legal medications such as prescription and over-the-counter drugs can also impair a person’s ability to drive, leading to potential DUI charges. For example, pain relievers, antihistamines, decongestants, and antidepressants can all have debilitating effects on one’s driving ability. As this law firm serves the interests of those facing DUI charges, we understand the intricacies involved in defending these types of cases. A DUI charge can be a challenging experience, and it is paramount to have a capable legal team on your side. Our firm has a deep understanding of DUI laws and defenses, and a nuanced perspective on how to effectively navigate the legal system for the benefit of our clients. We are here to provide the necessary legal support, guidance, and representation. This diligently guides our clients through every step of the process, from understanding charges and potential outcomes to building a strong defense. Remember, even in challenging times, you don’t have to face these charges alone, and you always have the legal right to representation and a fair defense.

Defenses to DUI

• As you can see under the A1 portion of the statute you can be found guilty of DUI if there is a breath test result of 0.08 or greater. 
• Under A2 of the statute you can be found guilty of DUI if you were under the influence of alcohol to the extent that it impaired your ability to safely operate a motor vehicle. 
• Under the A3 portion of the statute you can be found guilty of DUI if you are under the influence of a controlled substance to the extent that it impairs your ability to safely operate a motor vehicle. 
• Under the A4 section of the statute you can be found guilty of DUI if you are under the combined influence of alcohol and a controlled substance. 
• Under the A5 section of the statute you can be found guilty of DUI if you are under the influence of any substance to the extent that it impairs your ability to safely operate a motor vehicle.

When facing a DUI charge, understanding the potential defenses that can be employed is crucial for shaping your legal strategy. The team at our law firm comprises seasoned attorneys with a deep understanding and wide-ranging experience in challenging DUI allegations.

One of the defenses that can be used is questioning the legitimacy of the initial stop. Law enforcement officers need to have reasonable suspicion to make a stop; without it, any evidence collected after the fact may be ruled inadmissible. Another defense involves the validity of the arrest itself. Just like with the stop, law enforcement needs to have probable cause to warrant an arrest.

Our attorneys will meticulously examine all procedural aspects to determine if there was a lack of due process in cases where sobriety tests were improperly administered or protocols disregarded. We scrutinize and assess, for instance, if there were mistakes in conducting the field sobriety test, breathalyzer test, or the administration of the blood or urine tests often employed in drug-related DUI charges.

Furthermore, we challenge the prosecution’s interpretation of physical indications of impairment. For example, symptoms like bloodshot eyes or slurred speech can result from factors unrelated to drug use such as allergies or fatigue. By thoroughly investigating every case, our firm strives to position you in the most advantageous manner possible and fights relentlessly to protect your rights against Drug DUI charges.

Penalties for DUI

Navigating the complex terrain of DUI cases under Alabama law can present a substantial challenge. It is crucial to understand that these cases often carry serious penalties, including potential imprisonment, fines, and even license suspension. The breadth of associated consequences varies depending on several factors, encompassing both the nature and the individual circumstances of each respective case.

In terms of incarceration, those found guilty of a DUI could face jail time. Fines are also a standard part of the penalties system, with the amount in question subject to specific legal stipulations pertaining to the severity of the offense. A DUI conviction may potentially result in the suspension of the defendant’s driving license, further disrupting day to-day life and creating additional complications.

Moreover, it is worth noting that certain specifics of the case can lead to increased penalties. Factors such as prior DUI convictions, the presence of minors in the vehicle at the time of the offense, or the specific nature of the drugs in question may escalate the severity of the punishment.

Our law firm is committed to representing and diligently assisting those who find themselves accused of a DUI charge. We approach each case with focus, understanding, and the pursuit of a fair judicial process. It is important to us that potential clients know that we are dedicated to their defense rather than representing the victim. The path through such a legal issue requires clear guidance, a determined spirit, and a firm understanding of the law – all of which we are ready to provide.

Offenses Related to DUI

Getting charged with a Drug-Driving under Influence (DUI) crime can undoubtedly be a distressing experience, given its potential for severe legal consequences, including additional charges. If you find yourself facing these charges, it is essential not only to understand their implications but also to seek appropriate legal assistance. A DUI can involve operating a vehicle while impaired by any psychoactive drug, including both legal and illegal substances. These drugs can range from illicit narcotics like cocaine or methamphetamine to legal prescriptions or over-the-counter medicines if they affect your ability to drive safely.

Any DUI charge is considerably complicated by the possibility of further charges related to drug possession or drug paraphernalia. Drug possession charges come into play when a person is found with illegal substances on their person or in their possession, while drug paraphernalia refers to any equipment, product, or material that is intended for use in producing, concealing, or using drugs. These crimes potentially accompany a drug DUI due to the correlation between drug use and driving under influence incidents.

It is of high importance to be comprehensively aware of your situation, rights, and possible defenses when facing a DUI. This is where we, as an experienced law firm, excel. Our team of seasoned attorneys takes on the task of vigorously defending your case and working towards the optimal potential outcome. We represent A LOT of DUI defendants and strive to present a robust and effective legal defense on their behalf, regardless of the complexities the case might take. Each circumstance is unique, and at our firm, every client is treated with dedicated service and individualized strategies. After all, when your future is on the line, you need a skilled attorney who will stand by your side.

Let Us Help You Fight Your Charges

Facing a DUI charge can be a deeply stressful and unnerving experience, fraught with uncertainties about your future. Choosing a law firm with a proven track record of handling these specific cases is paramount to your defense. The Stoves Law Firm, P.C. is committed to rigorously advocating for our clients, leveraging our deep comprehension of DUI laws and trial-tested defense tactics. We work diligently to ensure that your rights are upheld, in every step of this challenging journey. Potential outcomes can span from case dismissal, charge reductions, probation, to plea bargains, depending on the intricacies and unique aspects of your situation. Moreover, our compassionate attorney understands that mistakes happen and that one moment shouldn’t define your future. To discuss your case with us, for a free consultation, contact our Birmingham Alabama DUI Attorney at (205) 823-7233.