DUI, or driving under the influence, is a serious offense in Alabama. Whether it is considered a felony depends on the circumstances surrounding the case.
What are the DUI laws in Alabama?
In Alabama, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This is known as a per se DUI law, meaning that a driver can be charged with a DUI solely based on their BAC level.
Additionally, Alabama has an implied consent law, which means that drivers are required to submit to a breath test if pulled over on suspicion of DUI. Refusing to take a breath test can result in an automatic license suspension.
Is a DUI considered a felony in Alabama?
In Alabama, a DUI is typically classified as a misdemeanor for a first or second offense. However, there are circumstances where a DUI can be elevated to a felony charge. These include:
- Having multiple DUI convictions within a certain time frame.
- Causing injury or death while driving under the influence.
- Having a minor in the vehicle while driving under the influence.
What are the penalties for a felony DUI in Alabama?
If a DUI is elevated to a felony charge in Alabama, the penalties are much harsher than those for a misdemeanor DUI. Some of the potential consequences include:
- Significant fines.
- Probation or parole.
- License suspension or revocation.
- Vehicle confiscation.
- Jail time or even prison sentence.
Can a felony DUI in Alabama be expunged?
Unfortunately, in Alabama, felony DUI convictions cannot be expunged from a person’s criminal record. This means that the conviction will remain on their record permanently.
Are there any diversion programs for DUI offenders in Alabama?
Alabama does not have diversion programs specifically for DUI offenders. However, in some cases, a first-time DUI offender may be eligible for a pretrial diversion program that could result in the charges being dismissed upon completion of certain requirements.
Is it possible to plea bargain a DUI charge in Alabama?
In some cases, it may be possible to plea bargain a DUI charge in Alabama to a lesser offense. This typically requires the assistance of a skilled attorney who can negotiate with the prosecution on behalf of the defendant.
Do I need a lawyer for a DUI charge in Alabama?
It is highly advisable to seek the counsel of a lawyer if you are facing a DUI charge in Alabama. A lawyer can help navigate the legal process, protect your rights, and potentially work towards reducing the charges or penalties you may face.
In conclusion, while a DUI is typically considered a misdemeanor in Alabama, certain circumstances can elevate it to a felony charge with more severe consequences. It is crucial to understand the DUI laws in Alabama and seek legal representation if you are facing a DUI charge to ensure the best possible outcome for your case.