Driving while impaired by drugs or alcohol is always a crime in the state of Alabama, but if you are very drunk, your simple DUI can become a more serious crime called aggravated DUI. In the state of Alabama, a law dubbed the "Super" DUI law was passed in Alabama Act No. 2011-621 and created this aggravated DUI offense. Under the super DUI bill, individuals with a BAC of .15 or greater are subject to mandatory minimum jail sentences and a longer driver's license suspension.
If you are arrested for driving under the influence and you have a BAC at or above .15, you face very serious consequences under aggravated DUI laws. It is imperative you consult with an experienced Alabama DUI lawyer for assistance in avoiding conviction or plea bargaining down your charges to avoid the life-changing impact of an aggravated DUI conviction. At the Eversole Law Office, we have helped many clients who have been accused of an aggravated DUI to successfully defend themselves and walk away from the DUI charges they faced. If you live in Jefferson, Madison and Shelby Counties or elsewhere in Alabama, contact us today at 866-831-5292 to schedule a free consultation for more information about how we can help you in your DUI case.
Alabama Aggravated DUI Charges – Defense Attorneys Make a Difference
In the state of Alabama, Code section 32-5A-191 defines a DUI as driving or being in physical control of a vehicle while impaired by drugs or alcohol. Although there are several different definitions of DUI, including driving while impaired by a combination of alcohol and drugs that renders you unable to drive safely, one of the definitions relates directly to your blood alcohol content or BAC. According to the relevant Alabama Code section, a person with a BAC of .08 or higher is guilty of a DUI offense.
While .08 is the legal limit, individuals with a BAC of .15 or higher present the most significant danger on the roadways. As such, Alabama legislatures made many attempts to impose harsher penalties on those who have a high BAC before the Alabama Super DUI law went into effect in 2011. With the passage of the Super DUI law, those who submit to a BAC test and test above .15 can face a mandatory one-year minimum jail sentence, even for first time offenders with no prior DUI convictions. Since first time offenders with a BAC below .15 may be able to avoid jail time entirely and perform community service instead, these aggravated DUI charges for a high BAC are much more serious than simple DUI charges.
In addition to the longer term of incarceration, people charged with an aggravated DUI may also face a longer driver's license suspension of at least a one-year period. This, too, is much longer than the standard 90-day administrative suspension that occurs in a simple DUI under Alabama Code section 32-5A-304.
Because of the increased penalties and the serious nature of aggravated DUI charges, it becomes especially important for you to get legal help when you are facing a DUI with a high BAC. Your Alabama criminal defense lawyer may be able to challenge the accuracy of the BAC test or otherwise raise defenses that can help you to avoid conviction. Your Birmingham DUI lawyer may also be able to assist you in exploring options for plea bargaining so you can avoid the harsher sentences associated with aggravated DUI charges.
At the Eversole Law Office, we have helped many clients facing aggravated DUI charges. The sooner we take a case, the sooner we can begin to work with you to build a DUI defense or negotiate a plea bargain. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.