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Alabama DUI / DWI Questions & Answers
2 Answers | Asked in DUI / DWI for Alabama on
Q: Reiceived first dui in AL, bac was .084, in jail 5 hrs, have my DL, could I possibly get it dismissed? Do I plead guilty

No criminal history at all, was not intoxicated. Blew a .084 both times he tested me in the field and was under the legal limit at the jail. They held me for 5hrs and I was released with my DL. I need my drivers license for work to make a living. Is there any way I can get this dismissed and not on... Read more »

Travis T Juneau
Travis T Juneau answered on Jul 1, 2020

DUI charges are very complex to defend. You may be eligible for pretrial diversion, but that will depend on your DA's office policies and if you have a Commercial Driver's License, CDL. If you really need to save your license, you should get an attorney involved as soon as possible.

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1 Answer | Asked in DUI / DWI for Alabama on
Q: I recieved a dui 2 years ago. I went through court referral and done some classes, had it dismissed.

I just recieved another dui. Can I go through court referral again? Will the other one show up? Should I get a lawyer.

Sheila Crumley Field
Sheila Crumley Field answered on Jun 28, 2020

Check to see if they have a Diversion program. You can enter that program and get it dismissed that way.

2 Answers | Asked in DUI / DWI for Alabama on
Q: Can I use youthful offender in the state of Alabama if the crime was committed while I was 21?

I had just arrived at my home. Parked my car, locked it and had gotten out of the vehicle when an officer proceeded to come onto my property and forced me to take a breathalyzer. This is my first offense for a misdemeanor DUI.

Travis T Juneau
Travis T Juneau answered on Jun 4, 2020

If there has never been a youthful offender determination, that is no judge has ever denied youthful offender in this case, yes you can apply for and will likely get youthful offender for this case.

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1 Answer | Asked in DUI / DWI for Alabama on
Q: I got a dui and a att to alude I want to see what is the consequences?
Frank Stephen Ward
Frank Stephen Ward answered on Feb 22, 2018

There are many factors that go into what the likely outcome would be. A good lawyer might be able to negotiate with the prosecutor and reach an agreement in which one or more of your charges is dropped. Alternatively, a lawyer might be able to win your case either on a pretrial motion or at... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: 3rd dui in cali. Recently moved to alabama. Which state law do I follow to start to get license back?

3rd dui happened in 2012. Plead to it in 2013. Did my time and am off probation. Had to move to alabama for work but could never start dui class in cali cause of cost to do it. But now I'm in Alabama and have no clue which state laws I would be required to follow in order to begin process for... Read more »

Paul Stanko
Paul Stanko answered on Oct 15, 2016

You will have to clear any reinstatement requirements in California before another state will issue a license.

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: How much can a bail agent charge?
Paul Stanko
Paul Stanko answered on Sep 23, 2016

Whatever state law, and the contract between the bail agent and his customer, allows.

1 Answer | Asked in DUI / DWI for Alabama on
Q: I got a dui last year. My question is, is the arresting officer supposed to be in court at any time?
Paul Stanko
Paul Stanko answered on Sep 11, 2016

The officer will need to be in court whenever his testimony is required, but not necessarily every time you must be in court. The officer is not a party, only a witness.

1 Answer | Asked in DUI / DWI for Alabama on
Q: Is it legal to tow a vehicle on private property when the driver of the car was arrested for DUI but was not his car

I was a passenger it was my vehicle I was fine to drive the vehicle and we were pulled over in our driveway (our destination) and they did not pull us over until we had already pulled into the driveway and we're getting out of the car. I was just curious to if it was justified for them to tow... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 27, 2015

It is a little unusual. It is "legal" yes. I suspect the officers would testify that you were impaired also, and that the vehicle had to be secured so you would not drive away in it.

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can you be charged with a DUI if they have no proof that any substance was in your system such as blood/urine test?

I was behind the wheel and had muscle spasms which caused me to swerve around the road and my friend helped me pull to the side of the road. Someone saw this and called 911. The police found a drug on my friend and arrested him but I hadnt taken any of it. I recently started taking an SSRI anti... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 31, 2015

You have many questions. Call and ask the cops if you can pick up your license and whether you have been charged.

1 Answer | Asked in DUI / DWI for Alabama on
Q: My case has been going on since 9/07/13. I was arrested at my home on this date for a dui. I was later indicted.

For a 4th offense dui which is a felony. The reason why I asked about a motion to surpress. The officer used to different names,the times are not right. An he also stated on my report he lost site of view of the vehicle. He stated I ran off the road.Then he said he clocked the vehicle doing 46 in a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 15, 2015

What does your attorney say? It doesn't appear that a motion to suppress would be the way to go, but I would defer to your attorney's judgment.

1 Answer | Asked in DUI / DWI for Alabama on
Q: I was arrested on July 10 for DUI. Court was Aug 10 but they didnt take me. Aug 21 they kicked me loose. Why?

I was given a new court date of Sept 8. Im from Tn. This happened in Alabama. How long does Alabama have to take me to court on a DUI? Did they mess up and leave me in jail too long? I never saw a lawyer or a court room. Never assigned an attorney. Nothing. It feels like they messed up and... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Sep 6, 2015

My take is that you need to go see a private criminal defense attorney in Alabama about this to learn what is going to happen and what can happen to you. Cases take many months to resolve.

1 Answer | Asked in DUI / DWI for Alabama on
Q: If someone has outstanding violations they are paying on in different counties and get arrested for dui what happens?
William E. Scully Jr.
William E. Scully Jr. answered on Mar 26, 2014

There are two basic possibilities. First: You may have a suspended jail sentence hanging over your head from those old cases. A DUI conviction could cause that suspended jail sentence to come crashing down on your head...IN ADDITION to whatever happens to you on the DUI case. Second: If you... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can I file lawsuit against a city, after signing a waiver that I wouldn't?

I was charged with a DUI, and the prosecution had no evidence, and finally dropped the charges 18 months later. However, they said they would only drop the charges after i signed a waiver. Isn't that extortion?

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jul 10, 2013

No, this is no extortion. This is typically something the prosecution will do to keep you from bringing a suit against them at a later date. It is perfectly a good trade off -- "We won't sue you if you don't sue us..." If the prosecution tried to, at a later date, bring... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can I sue a city, after they made me sign a waiver saying i wouldnt? I was under duress at the time.

I was arrested for a DUI, where i blew a 0.00, and the cop lied (I can prove it). It never went to trial, and they finally dismissed the charges against me after 18 months, and numerous missed days. It cost me a lot financially, embarrassment, and anxiety. It's put my career in jeopardy as... Read more »

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 8, 2013

In most cases, you cannot sue a municipality because of governmental immunity. Additionally, even if you attempted to sue the city, they could turn around and prosecute you for the DUI. You entered into a contract that you would not sue them if they did not sue you. Because there was a legally... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Being arrested for public intoxication & wreckless driving & no ins. Will the court set up payments for the fines ?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 8, 2013

The Court will sometimes set up a payment plan. However, they will normally require that you are on probation until all the fines and court costs are paid. Probation normally means more money. It would be very well worth your while to contact an attorney to discuss your options. Feel free to... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: How do you fight a DUI case,when you were not behind the wheel at the time?

I had a DUI in AL.Iwas off the road and not in the drivers seat.

Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 8, 2013

Was there anyone else in the car with you? If the police pulled up and you were passed out in the car and you were the only one in the car, the police could reasonably draw the assertion that you were driving the car and give you the DUI. Feel free to give me a call to discuss your case.

1 Answer | Asked in DUI / DWI for Alabama on
Q: How long does Ala.have to fully prosecute a DUI. Section,AL.USA
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 8, 2013

The DUI should be prosecuted no later than 1 year after the citation was given. Feel free to give me a call to help with your DUI.

1 Answer | Asked in DUI / DWI for Alabama on
Q: DUI, no evidence, preliminary put off twice by prosecution lawyer says will be guilty and go to trial. Normal?
Richard Carl Perry Jr.
Richard Carl Perry Jr. answered on Jun 8, 2013

I would need a little more information to answer your question appropriately. First, there should be some evidence -- such as a police report. Even though the police report may not be admitted into evidence because of the hearsay rule, the police himself could testify as to what he observed.... Read more »

1 Answer | Asked in DUI / DWI for Alabama on
Q: Im 20 y/o Alabamian male with a clean record. I was charged with DUI. Would I qualify for youthful offender status?
Jason Bonner Dial
Jason Bonner Dial answered on Jan 23, 2011

You should qualify for youthful offender status. The Alabama Youthful Offender Act is applicable to those under the age of 21 at the time the crime was committed. Feel free to contact me to discuss your matter further.

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