A DUI Arrest is Not a Conviction

Being pulled over and arrested for Driving Under the Influence (DUI) in Birmingham, AL, can be a frightening and embarrassing experience. For many, it’s their first-ever encounter with the criminal justice system. A DUI charge is far more than a simple traffic ticket; it is a serious criminal offense with consequences that can impact your life for years to come. A conviction can lead to jail time, mandatory fines, a suspended driver’s license, drastically increased insurance rates, and a permanent criminal record that can affect employment opportunities.

However, an arrest is not a conviction. Police officers can make mistakes, and breathalyzer equipment can be faulty. You have the right to challenge the evidence against you. The most important step you can take to protect yourself is to hire an experienced Birmingham DUI defense attorney immediately. At Mark Bishop Turner Attorney At Law, we have a deep understanding of Alabama’s complex DUI laws and the scientific principles behind sobriety testing. We dedicate ourselves to scrutinizing every aspect of your case, from the initial traffic stop to the chemical test results, to build the strongest possible defense.

Understanding DUI Charges in Alabama
In Alabama, it is illegal to operate a motor vehicle if your ability to drive is impaired by alcohol or any controlled substance. The law outlines several specific scenarios that constitute a DUI:

• Per Se DUI: You can be charged if you have a Blood Alcohol Concentration (BAC) of .08% or higher, regardless of whether your driving appeared impaired.
• Commercial Drivers: The BAC limit is lower for commercial vehicle operators, at .04%.
• Drivers Under 21: Alabama has a “zero tolerance” policy for underage drinkers. If you are under 21, you can be charged with a DUI for having a BAC of just .02% or higher.
• DUI with Controlled Substances: You can be charged with a DUI for driving under the influence of illegal drugs, prescription medication, or any substance that impairs your ability to drive safely.

Penalties for a DUI Conviction in Birmingham
The penalties for a DUI in Alabama are severe and increase significantly with each subsequent conviction.

• First Offense (Misdemeanor):
  • Up to one year in jail.
  • Fines between $600 and $2,100.
  • 90-day driver’s license suspension.
  • Mandatory DUI school or substance abuse treatment.
  • Installation of an Ignition Interlock Device (IID) for six months if BAC was .15% or higher, or if a minor was in the vehicle.
• Second Offense (within 10 years):
  • Mandatory minimum of 5 days in jail (up to one year).
  • Fines between $1,100 and $5,100.
  • One-year driver’s license revocation.
  • Mandatory installation of an IID for two years.
• Third Offense (within 10 years):
  • Mandatory minimum of 60 days in jail (up to one year).
  • Fines between $2,100 and $10,100.
  • Three-year driver’s license revocation.
  • Mandatory installation of an IID for three years.
• Fourth or Subsequent Offense (Class C Felony):
  • One to ten years in state prison.
  • Fines between $4,100 and $10,100.
  • Five-year driver’s license revocation.
  • Mandatory installation of an IID for five years.

It’s also important to understand the Alabama Administrative License Suspension. Separate from the criminal case, the Alabama Law Enforcement Agency (ALEA) will automatically suspend your license if you refuse a chemical test or have a BAC of .08% or higher. You have only 10 days from your arrest to request an administrative hearing to challenge this suspension. This is a critical deadline that our firm can handle for you.

Building a Powerful DUI Defense Strategy in Birmingham
A successful DUI defense requires a detailed investigation into the facts of the case. We never assume the police report is accurate. Our strategies include:

• Challenging the Traffic Stop: Did the officer have a legitimate, legal reason (probable cause) to pull you over in the first place? If not, any evidence gathered from that point on could be thrown out. We look for reasons like weaving within a single lane or an anonymous tip that was not properly corroborated.
• Questioning Field Sobriety Tests (FSTs): Standardized Field Sobriety Tests like the Walk-and-Turn, One-Leg Stand, and Horizontal Gaze Nystagmus (HGN) are notoriously unreliable. They are subjective and can be failed by sober people due to medical conditions, age, weight, fatigue, or even nervousness. We are trained to expose the flaws in how these tests were administered and interpreted.
• Disputing Breath and Blood Test Results: Breathalyzer machines are not infallible. We investigate whether the machine was properly calibrated and maintained, whether the officer was certified to operate it, and whether the test was administered according to strict legal protocols. We can also challenge blood test results based on issues with the blood draw procedure or the chain of custody of the sample.
• Identifying Alternative Causes for Impairment: We explore other factors that could explain the officer’s observations. Medical conditions like diabetes, allergies, or inner ear problems can mimic signs of intoxication. Fatigue, eye irritation, or even certain diets can affect test results.

Contact a Birmingham DUI Lawyer Today
A DUI charge threatens your freedom, your finances, and your ability to drive. You cannot afford to face it alone. Mark Bishop Turner has the experience and tenacity to challenge the prosecution’s case at every turn. We will fight to protect your license at the administrative hearing and work towards a dismissal, a reduction of charges (like reckless driving), or an acquittal at trial.

If you have been arrested for DUI in Birmingham or the surrounding areas, time is critical. Contact Mark Bishop Turner Attorney At Law immediately for a free, confidential consultation to discuss your case and learn how we can help.