DUI Process

Byron Mark Richardson has represented individuals accused of a wide range of motor vehicle criminal offenses, including DUI, for more than 10 years. He will dedicate his experience to work for you. DUI cases are not hopeless. With the right strategies and a creative, hard-working attorney by your side, you may be able to have your charges dramatically reduced or even dropped altogether.

If a police officer stops a driver of a motor vehicle in Alabama for suspicion of driving under the influence, it constitutes the beginning of a criminal investigation by that officer. Whether the driver is stopped by a city police officer, a county sheriff’s deputy, or a State Trooper the driver is “arrested” under the law.

As with any criminal case, the arrested driver has certain constitutional rights that must be followed during a proper procedural arrest.

An arrest process has several steps between the arresting officer and the driver. First, the driver is required to present identification. However, the driver may remain silent. No explanation is required by an arrested person. Furthermore, the officer can use ANY information given by the arrested driver against the accused. A driver admitting to consumption of alcohol or drugs can, and often will, be construed as an admission of guilt.

An arrested person need not participate in a sobriety test at the scene of their arrest. Most people think they must submit to an arresting officer’s commands and perform the various physical balancing tests on the roadway such as the “Walk and Turn,” “One-Leg Stand” and “Horizontal Gaze Nystagmus” tests. In fact, drivers are not required by law in Alabama to take these tests. A driver can also decline a portable breath test at the arrest scene without being punished for your refusal.

Drivers, once arrested, are required under implied consent law of Alabama, to submit to breath or other possible testing at a police station. Refusal of this testing will cause an automatic suspension of a driver’s license to drive. Speak to a lawyer immediately following any arrest for Driving Under the Influence in Alabama.

DUI Penalties in Alabama

In the state of Alabama, a driver can be charged with DUI if they are caught driving with a blood alcohol concentration (BAC) level of 0.08% or higher. This is true even if your driving abilities were not noticeably impaired.

The penalties for a first DUI offense in Alabama include:
  • A 90-day license suspension
  • Up to 1 year of jail time
  • A DUI conviction on your record for 5 years
  • Up to $2,000 in fines

DUI penalties for repeat offenders are very severe. Hire a lawyer! While no individual should ever try to represent themselves in a first time DUI arrest and prosecution, a second or third DUI arrest and conviction will almost certainly cause an accused person to face jail time and extremely high fines. Do not face these potential penalties alone. Have an experienced attorney there to assist you with these matters.

Every case is different, but when Byron Mark Richardson is retained, he works hard to make his clients feel comfort in knowing that they will be defended in the process. Clients feel peace of mind in knowing that their case is in competent and experienced hands. As defense counsel for hundreds of criminal cases, including DUIs, over the past decade, Byron Mark Richardson will do what is necessary to defend or reduce charges that his client faces.