Alabama Alcohol Offenses FAQs
Although DUI is the most well-known charge associated with alcohol, there are a number of other offenses those in Alabama may be charged with. The following are frequently asked questions regarding these offenses as detailed by an experienced attorney.
What are some effective defenses for public intoxication in Alabama?
Answer: If you are charged with public intoxication in Alabama, there are many defenses that can be levied in your favor to defend the charge. Intoxication alone is not enough to be convicted of public intoxication in Alabama; the prosecution must prove a danger to yourself, others or property within the prosecution. As well if the person is deemed to be on private property, then the prosecution’s public intoxication cannot stand. A lot of times we find that folks are ordered out of their vehicles by law enforcement and then arrested for public intoxication. There is a law in Alabama that puts up a defense against this type of charge.
What happens to a person who sells or serves alcohol to a minor in Alabama?
Answer: In Alabama, if you are prosecuted for selling or serving alcohol to a minor, you may be punished from a minimum fine of $100 up to a maximum fine of $1,000 on a first offense. However, if it is a second conviction, the minimum sentence is no less than three months, no more than six months; and on a third conviction, the sentence is a minimum six months, up to 12 months, all of which are misdemeanors.
Can you explain the charge of minor in possession of alcohol in Alabama?
Answer: There are actually two different MIP statutes in Alabama. It is important to understand which one you are charged with as one carries a drivers license suspension and the other does not. Section 28-1-5 makes it illegal for someone under the age of 21 to purchase, consume, possess, or transport alcohol, and the punishment range is a minimum $25 fine up to $100 fine, up to a 30-day jail sentence, but there is no drivers license suspension. However, if someone is charged under Title 28-3A-25, they face up to a $500 fine, up to a 90-day jail sentence and a drivers license suspension from three to six months.
What is disorderly conduct in Alabama? What offenses are defined under this term?
Answer: In Alabama, disorderly conduct is defined as when someone with an intent to cause public inconvenience, annoyance or alarm or when they recklessly create a risk in and of themselves, they engage in fighting, or in violent, tumultuous, or threatening behavior; they make unreasonable noise; or in a public place they use abusive or obscene language or make obscene gestures; without lawful authority, they disturb a peaceful assembly of persons; they obstruct vehicular or pedestrian traffic; or they congregate in a public place and refuse to comply with a lawful order to disperse.