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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 Child Custody, Domestic Violence, DUI / DWI, Criminal Law and Family Law for Alabama on
Q: Can I regain custody while in rehab if father has custody issues?

My son's father has full custody, but he has had multiple issues, including two DUIs, child endangerment, and a previous indication for child abuse. Recently, our son was taken from him because they both failed a hair follicle test for THC, with levels indicating ingestion. I am currently in a... View More

James L. Arrasmith
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answered on Sep 2, 2025

It sounds like you’re in a very difficult position, but the fact that you are in rehab and working on stability can actually be a positive factor. Courts and child welfare agencies often look at whether a parent is taking steps to provide a safe and structured environment, and a treatment program... View More

1 Answer | Asked in DUI / DWI and Gov & Administrative Law for Alabama on
Q: When will I get my DL back after first DUI refusal dismissed in AL?

I refused to take a breath test, and it was my first refusal. The court dismissed the DUI charge, but I've been informed that I need to go to court to reapply for my driver's license. I was told I would have to pay $350 and retake the test. When can I expect to get my driver's license back?

James L. Arrasmith
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answered on Aug 8, 2025

Even though your DUI charge was dismissed, Alabama still treats a breath test refusal as a separate administrative issue through the Department of Public Safety. That means your license can be suspended based on the refusal alone, regardless of the outcome of your criminal case. For a first-time... View More

1 Answer | Asked in DUI / DWI and Employment Law for Alabama on
Q: Concern about 2013 DUI affecting teaching position hiring in Alabama.

I am seeking a teaching position in Alabama, and a standard criminal background check is required as part of the process due to working in school districts with children. I have a DUI conviction from 2013, for which I was charged and completed all required steps. Since the conviction, I have not... View More

James L. Arrasmith
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answered on Jul 19, 2025

A single DUI from over a decade ago is unlikely to automatically disqualify you from a teaching position in Alabama, especially if you've had a clean record since. School districts will look at the nature of the offense, how much time has passed, and whether you've shown responsibility... View More

1 Answer | Asked in DUI / DWI, Traffic Tickets and Gov & Administrative Law for Alabama on
Q: Lost driver's license after DUI charge, missed court, need reinstatement.

I lost my driver's license in 2020 due to a DUI charge, but I have not been found guilty, and there has been no communication from the court since then. They wanted me to take a DUI class, but I was unable to complete it due to pregnancy complications and missed the court appearance, resulting... View More

James L. Arrasmith
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answered on Jul 18, 2025

You’ll need to reopen the original DUI case and clear that failure-to-appear before you can restore your driving privileges.

First, contact the court clerk in the county where you were charged and ask what it takes to vacate the default and set a new hearing date. You’ll likely need to...
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1 Answer | Asked in DUI / DWI for Alabama on
Q: Steps for DUI arrest in Alabama

What must an officer legally do when he suspects a driver is driving under the influence of alcohol in Alabama? What are the specific steps he must take to make a legal arrest?

James L. Arrasmith
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answered on Jul 5, 2025

When an officer in Alabama suspects that a driver is under the influence of alcohol, the process must begin with a lawful traffic stop. The officer needs reasonable suspicion that a traffic violation or crime has occurred—this could be swerving, speeding, or even something as simple as a broken... View More

1 Answer | Asked in DUI / DWI, Civil Litigation and Civil Rights for Alabama on
Q: Can a DUI charge be dropped if breathalyzer tests show 0.0 and no alcohol was consumed?

I received a DUI ticket and was placed on a 24-hour hold despite passing three breathalyzer tests with 0.0 results and not having consumed any alcohol. While driving on the highway, I briefly looked down, causing a swerve. The officer was rude, demanded I exit my vehicle, and arrested me for... View More

James L. Arrasmith
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answered on Jul 4, 2025

You can move to have the charge dismissed by showing the court that your breath tests all registered 0.0 and that no evidence supports impairment.

First, file a motion to suppress the traffic stop and subsequent search, arguing the officer lacked probable cause when he detained you after a...
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1 Answer | Asked in DUI / DWI, Traffic Tickets and Collections for Alabama on
Q: How to handle alias and pluries writs for $750 and $2289?

I have two alias and pluries writs with amounts of $750 and $2289, related to a deferred DUI not fully paid and a driving while suspended charge amended to driving without a license. How should I handle these writs legally?

James L. Arrasmith
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answered on May 14, 2025

Dealing with alias and pluries writs means the court is actively trying to collect payment on outstanding fines or fees. Since these relate to a deferred DUI and a license issue, it’s likely they’re tied to unresolved court obligations, such as unpaid fines or missed deadlines. Ignoring them... View More

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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