DUI Defense Attorneys in Daphne, AL

Getting stopped for drunk driving is a serious situation, even if it is your first offense. Alabama has very harsh penalties for those who are convicted for DUI, and you could be looking at the loss of driving privileges, heavy fines, and even jail time. A DUI charge is not something to be taken lightly, and with so much at stake, you need strong legal counsel in your corner advocating forcefully for your legal rights and interests.

At Coumanis and York, PC., we have several decades of experience successfully defending individuals who have been charged for DUI, and those who have faced all other types of criminal charges in Alabama. Our founding partners have both been state prosecutors, and they have in-depth knowledge of the inner workings of the criminal justice system. Over the years, they have dealt with every kind of criminal case, and they know how prosecutors think. They also know the most effective defense strategies that can be implemented to minimize the negative consequences of a DUI charge.

Alabama DUI Laws

You can be charged for DUI in Alabama if you are driving while under the influence of alcohol or a controlled substance and/or you have a blood alcohol concentration (BAC) of .08% or higher. If you are operating a commercial vehicle, you can be considered over the legal limit for DUI with a BAC of just .04%. For school bus and daycare drivers and drivers under the age of 21, the legal limit is just .02%.

It is important to note that you do not have to be “driving” a vehicle to be arrested for drunk driving in Alabama. All that is required is that you are in “actual physical control” of the vehicle. For example, even if you are found asleep in the front seat of your car with the keys in your pocket and your BAC is over the legal limit, you could wind up being arrested for DUI.

Penalties for Drunk Driving in Alabama

As we touched on earlier, those who are convicted for DUI can face some very stiff penalties. Alabama has changed the look back period on DUI offenses to 10 years instead of five. And the more offenses you have within a 10-year period, the more enhanced the penalties become.

• First-Time DUI Offenders: If this is your first DUI offense or your first offense within the past 10 years, you are looking at fines of up to $2,100, up to one year in county jail, a mandatory 90 day driver’s license suspension, installation of an ignition interlock device (IID) in your vehicle for six months (at your expense), and the requirement to attend a substance abuse program.

• Second-Time DUI Offenders: For a second time offender, the fines can be as high as $5,100 and you may be facing up to one year of hard labor in county jail. With a second offense, there is a mandatory jail sentence of at least five days or community service of 30 days. In addition, the driver’s license revocation lasts for one year, and you will need to install an IID in your vehicle and keep it there for two years.

• Third-Time DUI Offenders: For a third conviction within 10 years, the maximum fine goes up to $10,100, and the minimum mandatory jail sentence goes up to 60 days. You will also be looking at having your driver’s license revoked for three years, and you will be required to install an IID and keep it in your vehicle for three years after you get your license back.

• Fourth and Subsequent DUI Offenders: For four or more DUI convictions within 10 years, the charge becomes a felony, and the penalties can escalate significantly. You will still be facing a maximum fine of $10,100 (with a higher minimum fine), but you will also be looking at a mandatory minimum sentence of one year and one day up to a maximum of 10 years in state prison. In addition, your driver’s license revocation period is extended to five years.

In addition to having multiple DUI offenses within a 10-year period, there are several other circumstances which may cause your charge to be upgraded to an aggravated or felony DUI. These include:

• Driving with a blood alcohol concentration (BAC) of .16% or above.

• Driving while intoxicated with an underage person in the car (i.e., child endangerment).

• Being over the legal limit and traveling 20 mph or higher over the speed limit.

• Driving with a suspended or revoked license.

• Driving while intoxicated and causing an accident with serious bodily injuries or fatalities.

DUI Defense Strategies

While a drunk driving charge is very serious, it is important to realize that being charged for DUI is not the same as being convicted. You may think that there is nothing you can do, and you need to accept whatever penalty is given, but this is not true in a large number of cases.

With the right defense strategy, we may be able to get the charges against you dropped (best case scenario), get the charges reduced to something less serious, and/or get your penalties reduced so you can hopefully avoid jail time, pay a more reasonable fine (or none at all), and get your driving privileges restored as soon as possible.

Every case is different and every circumstance is unique, and your defense will be crafted based on the specifics of your case. Here are some possible DUI defense strategies that have been proven effective in other cases:

• Lack of reasonable suspicion to pull you over for DUI.

• Lack of probable cause for a DUI arrest. In order to be validly charged for DUI, the law enforcement officer must have reasonable suspicion to lawfully stop you and probable cause to arrest you. If it can be established that there was a lack of probable cause, then any evidence obtained after the stop could be subject to suppression at trial.

• Failure of law enforcement to follow proper field sobriety test protocols, making the tests unreliable. The field sobriety tests that are often given during a DUI stop are not necessarily reliable indicators of a motorist’s impairment. For one thing, they are administered by law enforcement officers who already suspect that the motorist is impaired, and they cannot credibly claim to be objective. In addition, the physical condition of the motorist can play a major role in the result of an FST, regardless of whether or not they have alcohol in their system.

• Unreliable and/or improper administration of the chemical (breath, blood, or urine) test. There are numerous potential problems with the preliminary breath test (PBT) that is often administered at the time the driver is stopped and the chemical (breath, blood, or urine) test that is given usually at the police station after the DUI arrest. These may include equipment malfunction, improper handling by the police, and many others. If the reliability of these tests can be called into question, then the case for a DUI conviction would be weaker.

• Chemical test was unreliable because the defendant has a medical condition and/or took a certain medication that skewed the results.

• Improper management of evidence.
• The defendant was driving only because of an emergency/legal necessity.

Contact Our Experienced Daphne, AL DUI Defense Attorneys

If you are facing a DUI charge, there is a lot on the line, and you need to get going right away on your defense. The best place to start is to contact Coumanis & York to discuss your case. Call our office today at 251-990-3083 (Daphne) or 251-431-7272 (Mobile) or message us online for a discreet and confidential consultation with one of our attorneys.