FREE Virtual Lawyer ConsultationOffice: (205) 871-8838Cell: (205) 401-3171
Phone in hand
National Association of Criminal Defense Lawyers
National college for DUI Defense
Super Lawyers
Best Law Firms
DUI Defense

Birmingham DUI Lawyer

Alabama DUI Laws Explained by Birmingham DUI Attorney

By: Whitney Polson, Legal Book Author and DUI Lawyer Birmingham AL

Whitney info

Criminal charges for driving under the influence in Alabama can lead to a series of highly-adverse legal consequences. A suspended license, points on a driving record, hefty fines, and jail time are a few of the possible penalties for DUI misdemeanors and felonies.

If you have been charged with DUI, you will need the help of a Birmingham DUI lawyer. Choose wisely and only obtain legal representation from an experienced criminal attorney near me. Your legal counsel will assure that your rights are protected by asserting your strongest defense issues.

The State of Alabama takes driving under the influence charges seriously. By this statement, our lawyers in Alabama mean that if you have been charged with an Alabama DUI, you will need the help of an experienced Alabama DUI attorney. AL DUI laws are a trap for those citizens charged with the crime who SIT AROUND and don’t act.

In Jefferson County, Alabama, you need a Birmingham AL DUI attorney who can make sure your rights are protected from the moment you are arrested, and through trial, if necessary. To get started building a defense for your case, consult with an established DUI defense attorney today.

Alabama DUI Charges

When a driver is stopped by law enforcement for a suspected DUI, the officer will ask the driver to perform tests to determine his or her level of intoxication. The officer may also require the driver to submit a chemical test to measure their blood alcohol content (BAC).

Any driver with a BAC of 0.08% or above will automatically be charged with a DUI offense. Minors (under age 21) with a BAC of as little as 0.02% can be charged with DUI, and commercial drivers may not legally drive with a BAC of more than 0.04%.

The BAC limit of 0.08% is considered a guideline under Alabama law, but not a legal threshold. Drivers may be charged with an Alabama DUI offense even if their BAC is less than the legal limit.

By making a DUI arrest, the arresting officer has formed an opinion that the driver was operating the vehicle under the influence of alcohol or a controlled substance. A Birmingham DUI lawyer should be contacted as soon as possible in order for a person facing charges to understand their rights from the beginning of their case.

Alabama DUI Penalties and Potential Jail Time

DUI cases call for hiring the best criminal defense attorney available. The DUI arrest also starts the “clock ticking” on your 10 days to appeal the related administrative license suspension in Alabama.

The DUI penalties in Alabama depend on whether the conviction is a first offense or a subsequent offense, or occurs while on probation. A first-time DUI is punishable by up to $2,100 and a 90-day driver’s license suspension. A second DUI offense carries a penalty of up to $5,100 and five days in jail, with drivers potentially losing their license for up to one year.

DUI jail Third offense DUI and fourth DUI offenses within five years (using dates of arrest) are punishable by significant jail time. Currently, laws in Alabama call for between 60 days and one year in jail. In addition, a driver license loss for between three to five years will be imposed.

Your monetary fines can then go as high as $10,000. All drivers – including first-time offenders – convicted of DUI must attend a mandatory court-ordered substance abuse program.

ANY DUI Conviction is Cause for Concern

Answering in court for a DUI charge in Alabama is a daunting experience. If convicted, the penalties are severe even on a first offense.

On a first offense DUI, an individual can technically face up to one year in the city or county jail. A 2nd DUI in AL or any subsequent conviction of a DUI offense within five years includes a minimum mandatory jail sentence of 5 days to 60 days.

If an individual is convicted, they will receive a permanent mark on their criminal record. In addition, DUI convictions are publicized in the local community and around the state so there is a social stigma attached. These criminal law consequences are just some of the reasons to retain only the best Birmingham DUI lawyers.

Ignition Interlock Device Requirements for DUI in Alabama

Ignition device Another reason such a charge in Alabama is so intimidating is the impact to an individual’s driver’s license. On a first offense, a person could be facing up to a 90-day license suspension along with up to two years of having to have an ignition interlock device installed in their vehicle. With subsequent offenses, the suspension time could be up to five years with ignition interlock.

Most DUI convictions in Alabama do not require ignition interlock devices. However, when a driver submitted to a blood test or breathalyzer test and had a high reading, (BAC of 0.15% or higher) an interlock ignition device must be installed.

This mandate also applies to drivers who caused accidents while under the influence, those who refused a BAC blood test, or those who committed the DUI offense with a child in the vehicle.

How to Contact a DUI Attorney in Birmingham Alabama

Many potential DUI defenses are available to Alabama defendants facing drunk driving or drugged driving charges. A top-rated DUI attorney in Birmingham will investigate whether your breathalyzer machine was properly serviced and functioning correctly.


If a blood test was collected, multiple challenges can be raised about how your sample was handled, refrigerated and transported. Legal charges against a driver alleging that you may have been under the influence of alcohol or controlled substances require expert legal services.

Whether you have never been pulled over before or not, you need to select a legal advocate known for delivering high quality legal services. Plus, if you have a history of prior drug or alcohol-related driving convictions, your Birmingham DUI attorneys at Polson Law Firm are equipped for those tough cases, too.

Our Alabama criminal lawyers near me will fight to have any unfair charges against you reduced or dismissed. The call is FREE, and the lawyer consultation is FREE. How can you lose by getting FREE legal advice?

Client Reviews
Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.