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DUI and DWI Facts

Our attorneys are often contacted by clients, or potential clients, with questions about an Alabama DUI or DWI arrest. We have listed some of the questions below along with brief answers. These answers are not all inclusive; therefore, call one of our AL drinking and driving lawyers to discuss your specific alcohol or drug related offense. (251) 945-5300

If you have been arrested for driving under the influence in Alabama it is important that you speak with an Alabama DUI attorney to find out what possible penalties are associated with the charge and make sure that you know what your rights are and to insure that your rights are protected. To speak with a lawyer with the law firm of Harbison & Hoyt, LLC call today for your FREE CONSULTATION. (251) 945-5300

Can I be charged with driving under the influence if I was not driving at the time of the arrest?

Yes. Under the Alabama DUI laws you can be prosecuted for driving under the influence even if you are not driving. Alabama DUI law says that you “shall not drive or be in actual control of any vehicle” while intoxicated. There have been cases where someone was found guilty when they were under the influence of alcohol and asleep in their car at the time they were arrested for DUI or DWI. This is why it is important to speak with an Alabama drunk driving attorney about your specific situation.

Can I be charged with a DUI even if I do not submit to a breathalyzer test?

Yes. Under Alabama DUI law you can be prosecuted for driving under the influence, even if you do not submit to a breathalyzer test. If an officer believes that you are so impaired that you are not capable of safely driving he can arrest you for DUI or DWI. These situations are very fact specific and you should consult an Alabama lawyer about your situation.

Can I be charged with driving under the influence if I was taking a prescription drug at the time of my arrest?

Yes. Under Alabama law you can be arrested for DUI even if you are taking prescription drugs. Alabama driving under the influence law 32-5A-191 says one shall not operate or be in physical control of any vehicle while “under the influence of any substance which impairs the mental or physical faculties of such a person to a degree which renders him or her incapable of safely driving.” Alabama DUI attorneys can help you determine what your rights are.

Can I go to jail even if this is my first offense DUI?

Yes. The penalties for a first offense DUI in Alabama are harsh and if you are charged with driving under the influence and it is your first offense it could carry up to one year in the county or municipal jail that is why it is important to contact an Alabama DUI lawyer who may be able to help you avoid a jail sentence.

If I am convicted of DUI will my driver’s license be suspended?

Yes. If you have been charged with driving under the influence and you do not contest the driver’s license suspension then your driving privileges with be suspended. The length of suspension or revocation is determined by the number of prior DUI or DWI convictions that you have. You may be able to fight the license suspension, but remember that you only have ten (10) days from your arrest to request an administrative hearing. You should contact an Alabama DUI attorney to fully understand the license suspension and measure you may be able to take to fight to suspension.

Will my insurance rates go up if I am convicted of driving under the influence?

Yes. If you are convicted of or plead guilty to DUI or DWI your insurance rate will likely increase or you may be dropped by your insurance company. Alabama attorneys who handle driving under the influence cases may be able to work out your case or keep the DUI off of your record; therefore, you should consult an attorney to see exactly how your arrest can affect your future.

The information you obtain at this site is not, nor is it intended to be, legal advice. The information is offered for informational purposes only. Use of this site does not create an attorney-client relationship.

In Alabama, we serve: Daphne, Mobile, Fairhope, Spanish Fort, Orange Beach, Gulf Shores, Summerdale, Foley, Loxley, Robertsdale, Bay Minette, Elberta and Silverhill.

DUI DWI Penalties
Out of State DUI Clients
AL DUI Facts
AL DUI Driver's License Suspension

16201 Silverhill Avenue | Silverhill, AL 36576 | Phone: 251-945-5300 | Fax: 251-945-5310


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