Pelham DUI Lawyer
Many decent and law-abiding citizens may make the mistake of driving under the influence. Such an action might precipitate numerous adverse legal and professional consequences.
There are many factors that may contribute to the severity of the punishments levied. The assistance of a Pelham DUI lawyer might help you protect your driving rights and your future. Contact a diligent attorney to represent you.
Driving Under the Influence Defined
As defined by Alabama Motor Vehicle and Traffic Code Section 32-5A-191, a DUI could occur when an individual that either has a measured blood alcohol content of .08, or higher or is under the influence of alcohol or any other controlled substance that impairs their physical or mental capacity, operates a vehicle.
The Importance of a Breathalyzer Test
An important aspect of a DUI offense is the breathalyzer test. A breathalyzer is an apparatus a law enforcement officer will use to measure the blood alcohol content (BAC) of an individual they suspect might be responsible for a DUI offense. Those who refuse to submit to this test may be subject to receiving a driver’s license suspension. Pelham DUI lawyers could investigate the legitimacy of the breathalyzer test.
Potential Penalties for a DUI Offense
The severity of the penalty an adjudicating body might hand down highly typically depends upon whether the person has committed any previous offenses. A DUI lawyer in Pelham could explain the potential penalties for DUI offenses, which may include:
A first-offense might result in up to one year in jail and a fine of up to $2,000. Such action may yield a three-month driver’s license suspension and attendance at a DUI school.
Those found to responsible for a second DUI may be incarcerated for up to one year, be forced to pay up to $5,000 in fines. Mandatory penalties include a two-day jail sentence, community service, and a one-year revocation of the driver’s license.
A third offense that occurs within five years of the previous two yield a mandatory 60-day jail sentence, up to $10,000 in fines, and license revocation lasting three years. The individual might also be required to serve up to one year in jail.
Fourth Offense (Or Greater)
If someone receives a fourth offense within five years of the previous, they may be subjected to anywhere from one to 10 years in prison, a fine ranging from $4,000 to $10,000 and a five-year driver’s license revocation.
Building a Defense
A Pelham attorney could review the facts of a DUI case to formulate a defense based upon strategies that may include:
- Challenging whether law enforcement stopped the motorist without reasonable suspicion
- Questioning whether the evidence was collected or stored properly
- Bringing to light a medical condition experienced by the person which might elicit symptoms that mimic intoxication
- Questioning if the law enforcement officials followed the appropriate field test sobriety standards
- Investigating if the law enforcement agency violated any other procedures or regulations
- Determining that the law enforcement officials failed to read the motorist in question the Miranda Rights
An attorney may also be able to highlight the clean criminal record or otherwise mark-free driving record of the accused. This may inspire leniency.
Reaching Out to a Pelham DUI Attorney
Driving under the influence may negatively influence a person’s freedom, finances and ability to drive. Several factors might play into how severe a punishment someone might receive for executing such an act. A Pelham DUI lawyer may possess the capacity to highlight these factors to fight for the best possible outcome.