DUI 1st Offense

Dedicated Birmingham Criminal Defense Attorney Skillfully Defending Clients Facing Driving Under the Influence Offenses

A DUI conviction can immediately and forever change your life, even if it’s your first time being arrested. From a criminal record to a license suspension to possible jail time, the consequences are severe. However, being arrested for a DUI and being convicted are two very different things, and by law, you are presumed innocent until proven guilty. And that’s where the Stoves Law Firm comes in.

If you’ve been arrested for a first offense DUI, it is essential that you understand your rights as well as what you can do to avoid a conviction. At the Stoves Law Firm, we take pride in helping keep our good people who are facing serious DUI offenses stay on the road and out of jail. Through meticulous investigations and aggressive advocacy, our Birmingham DUI lawyer is prepared to hold the prosecution to its high burden so you don’t have to face the worst consequences of a criminal conviction.

Alabama’s DUI Laws

In Alabama, it’s illegal to operate a vehicle with a blood alcohol concentration (“BAC”) of 0.08% or higher for most drivers. However, the limit for drivers of commercial vehicles is 0.04%, and any detectable amount of alcohol in a minor’s system is cause for a DUI arrest. It’s also against the law to drive under the influence of drugs. This includes illegal narcotics as well as prescription drugs, and even over-the-counter substances.

Punishments for a First Time Birmingham DUI

For a first-time DUI offense in Birmingham, the punishments can vary based on the circumstances of the case, such as your BAC at the time of arrest, but generally include:

Fines: A first-time DUI conviction in Birmingham can result in fines ranging from $600 to $2,100.

Jail Time: Although jail time is possible for a first-time offense, it’s left to the discretion of the judge, and jail sentences may range from a few days to up to one year. In many cases, especially if the BAC is close to the legal limit and there are no aggravating circumstances, the court may opt for probation instead of a jail sentence, as incarceration is not mandatory for a first-time DUI offense.

Driver’s License Suspension: A first-time DUI conviction typically results in a 90-day suspension of your driver’s license. This suspension is administrative and is handled by the Alabama Department of Public Safety.

Substance Abuse Program: Upon conviction for a DUI, the court will order a mandatory drug and alcohol evaluation. Depending on the results of your evaluation, you may be required to complete a substance abuse or DUI education program.

Ignition Interlock Device: Depending on the specifics of your case, the court may require you to install an ignition interlock device on your vehicle. This device prevents the vehicle from starting if it detects alcohol on your breath. You may also be able to avoid a license suspension if you elect to have an interlock device installed on your vehicle.

Community Service: Judges may also order you to complete a certain amount of community service as part of the sentence your sentence.

Defenses to DUI Charges

A DUI arrest doesn’t have to result in a criminal conviction. There are many defenses that may apply in your case, which could reduce your exposure, result in the case against you being withdrawn, or prompt the judge or jury to return a “not guilty” verdict. Some of the most common defenses in Birmingham DUI cases include the following:

• The device police officers used to determine your BAC was not accurate or improperly calibrated;
• The traffic stop preceding your arrest was made in violation of your constitutional rights;
• The arresting officer’s observations were not credible; or
• Due to a medical condition, your breath test sample registered a false positive for the presence of alcohol.

Are You Facing First Time DUI Charges in Birmingham?

If you were recently arrested for a DUI offense, it is imperative that you speak with an experienced Birmingham DUI defense attorney before deciding how to handle your case. DUI cases can be tough to fight, but there is almost always a defense; it’s just a matter of identifying it. At the Stoves Law Firm, Attorney Jason Stoves has helped countless clients maintain their driving privileges and stay out of jail and we look forward to discussing how we can help with your case. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.