Alabama DUI and DWI Legal Questions

You can be charged with a DUI if you are driving under the influence of any intoxicating substance; alcohol is not the only drug for which a DUI charge can be brought. Taking this into consideration, the fact that you registered a .00 BAC on a breathalyzer test does not mean that the DUI charge will be dismissed or that you will otherwise be found innocent. If the police drew blood or otherwise conducted a test that would show that it's possible that you were under the influence at the time that you were driving, then they can bring DUI charges. This can include a field sobriety test, in which the officers would be looking for outward signs of intoxication. As far as whether you could be convicted for the DUI charge, an attorney would need to review the entire fact pattern to offer you an opinion on that. The handful of facts that you've provided so far aren't enough to give an opinion. Additionally, keep in mind that no attorney in Alabama can ethically guarantee a result, so we would be unable to predict whether a conviction will be the end result.... Read More

By sitting in your car with the key in the ignition, or even potentially with merely the key on your person or otherwise near enough to you so that you have constructive control of the vehicle, you can be charged with a DUI. Whenever there is probable cause to suspect that you were driving a vehicle and that you are intoxicated, an arrest can be made. The fact that you are on private property does not change this. While you can refuse a breathalyzer or blood test without subsequent repercussion due to the fact that the implied consent laws only apply to motorists on public highways, the DUI statute itself is very broad due to the fact that it states, "[a] person shall not drive or be in actual physical control of any vehicle" while under the influence. The statute does not state that the person must be a motorist on a public road. If a person has been drinking, then it is sound legal advice to never get inside a vehicle with the vehicle's key on your person, even if your only intent is to listen to music and stay warm. Otherwise, you're creating enough probable cause for an arrest to occur.... Read More

This depends on a variety of factors, but generally speaking, prosecutors and judges do not have a problem with transferring your court referral program requirements to another jurisdiction. However, keep in mind that the jurisdiction that you are transferred to may have different terms for their court referral programs, so you may be transferred to a program with more strict requirements.... Read More

Because you are required to have a driver's license in order to operate a vehicle on public roadways, you do have to show it to a police officer when it is requested. Aside from this fact, it is generally suggested that you comply with orders from a police officer. Refusing to do so only complicates matters, and can eventually lead to your arrest depending on the situation. Yes, there are instances in which you should say no or ask if you are required to do what the officer is telling you to, but for something as simple as showing identification, refusal is relatively pointless. Although there are certain actions that you are not required to take even when requested by a police officer, you'd have to prove to a court after the fact that this was the case. Less time and money is involved if you just avoid problems before they occur, rather than having to fix those problems later through court; "sticking it to the man" is not always as rewarding as you may think it will be.... Read More