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Alabama Driving Under the Influence - DUI - Questionnaire

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-Q1012
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a DUI/DWI matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Section 32-5A-191(a)(1) provides that ?[a] person shall not drive or be in actual physical control of any vehicle while ? there is 0.08 percent or more by weight of alcohol in his or her blood.?

Although you give implied consent to chemical testing when suspected of DUI if you drive in Alabama, you do not have to agree to sobriety tests and can instead take a blood or urine test instead. Refusal to submit to a walk and turn test will give law enforcement less evidence to use against you in a DUI case.

There are only four clues that the training says the officer can use against someone: the person swaying while balancing; using their arms for balance; hopping; placing the foot down before the count of 30. One clue may only be counted once, and a count of 30 seconds is the standard the person is trying to achieve.

In Alabama, checkpoints are considered legal under the state's interpretation of the federal Constitution. While some states have recognized the questionable nature of such checkpoints, eventually banning them, Alabama enacts these police roadblocks throughout the year.

Unless you are under 21 or on parole, you have the right to refuse a roadside breath test in Alabama. It is 100% voluntary, and there are no penalties for refusing a roadside breath test; however, you could face administrative penalties for refusing the official breath test administered at the police station.

Alabama is an implied consent state In most cases, your driver's license will be automatically suspended if you refuse a Breathalyzer test. For a first refusal, your license will be suspended for up to 90 days. Second and subsequent refusals will result in a one-year suspension of your license.

The important thing to remember is that, even though Alabama is an implied consent state, you still have the right to refuse any test ? although there may be consequences for doing so.

Question: Will a person convicted of DUI be sentenced to jail time in Alabama? Answer: Even on a first offense DUI in Alabama, there is a potential to be sentenced to jail time. On a first conviction, the range of penalty is zero days up to 365 days; however, there is no minimum time.

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