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Alabama DUI / DWI Questions & Answers
1 Answer | Asked in Traffic Tickets and DUI / DWI for Alabama on
Q: Can I be denied a hardship driver's license because of one dui that happened thirty plus years ago ?
T. Augustus Claus
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answered on Dec 29, 2023

The eligibility for a hardship driver's license in Alabama is influenced by various factors, including past driving offenses. While DUI convictions typically have a significant impact on driving privileges, especially in obtaining a hardship license, the specific rules and regulations can... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can a lawyer have an arrest warrant recalled in Alabama If I do not live in the state? Please read below.

Long story short, I was visiting family in Alabama last Janurary and I was arrested for a dui. I went to municipal jail, bonded out, and immediately retained council. My court date was pushed off several times, this was frustrating because I live out of state, and had to keep changing arrangements.... View More

T. Augustus Claus
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answered on Dec 12, 2023

In Alabama, if you have an arrest warrant, your lawyer can file a motion to recall it, presenting factors such as the reason for the warrant, any hardship you face, your willingness to appear in court, and the risk of flight. If granted, the warrant is recalled, and you can address the charges at... View More

1 Answer | Asked in Criminal Law, Divorce, DUI / DWI and Family Law for Alabama on
Q: What could my exes outcome possibly be as far as jail time?

My ex was arrested in 2019 for a possession of a controlled substance. He was arrested again in 2020 in Ohio for a DUI, open container, wreckless driving, and 23 counts of possession of controlled substances. He was arrested again in Oklahoma in march 2023 for flight to avoid for the 2020 arrest.... View More

T. Augustus Claus
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answered on Dec 4, 2023

It is difficult to predict the exact outcome of your ex's legal situation, as the specific charges, his prior criminal history, and the circumstances of his arrests will all play a role in determining the severity of his punishment. However, based on the information you have provided, it is... View More

1 Answer | Asked in DUI / DWI for Alabama on
Q: Would I be giving Jail time on my first offense attempt and tamp with evidence
T. Augustus Claus
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answered on Nov 29, 2023

Tampering with evidence is a felony in Alabama. The maximum penalty for tampering with evidence in Alabama is 10 years in prison. However, most offenders are not sentenced to the maximum penalty.

If you are convicted of DUI and tampering with evidence, it is likely that you will receive a...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Alabama on
Q: I got attempt to elude and tamp with evidenced do I need a lawyer
T. Augustus Claus
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answered on Nov 22, 2023

Yes, you need a lawyer if you are charged with attempting to elude and tampering with evidence. These are serious charges that can have significant consequences, including jail time, fines, and a suspended driver's license.

1 Answer | Asked in Criminal Law and DUI / DWI for Alabama on
Q: Can the person I bailed out of jail get put back in jail?

I bailed a relative out of jail who was charged with 2 counts of DUI manslaughter and he promised that he would never drink or drink and drive again however he lied and now he's doing the same thing. He shows no remorse and doesn't seem to care about what happened. Is there any way to... View More

Robert H. Hanaford
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answered on Aug 11, 2023

Unfortunately, he will probably get arrested again and his bond will be revoked. Also, if no alcohol is a condition of his pretrial release he may have bond revoked. Good luck.

1 Answer | Asked in DUI / DWI for Alabama on
Q: My husband was charged with a DUI on July 1st in Morgan County, AL. He blew a .08. We live in Tennessee.

He's the only one working as I am disabled. He also takes my to my many Dr's appointments, at least 2 a week.

What can we do? His court date is 7.21.23 in Morgan county, AL.

Anthony M. Avery
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answered on Jul 13, 2023

Defendant needs to hire a competent AL attorney now. Reciprocal enforcement will get TN DOS to revoke his TNDL.

2 Answers | Asked in Bankruptcy, Criminal Law, DUI / DWI and Traffic Tickets for Alabama on
Q: I am disabled and a widow. I have some legal issues I.e...a warrant for me was issued. I would like help with this.
David Luther Woodward
David Luther Woodward
answered on Apr 10, 2022

What is the subject of the outstanding warrant?

Bankruptcy does not address criminal matters, so I don't see the connection.

Go see a local bankruptcy lawyer for assistance and explanation

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1 Answer | Asked in DUI / DWI for Alabama on
Q: Can ALEA overide a judges order

I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2021

Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?

If the judges order for use of the...
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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... View More

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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... View 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
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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... View 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... View 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... View 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... View 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... View 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.

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