The Lawyers of Alabama explain that DUI charges in Alabama are prosecuted under one or the other or even both out of the two theories. People of Alabama should know that DUI laws include the person to either have consumed drugs or alcohol. However, if the driver has violated the BAC limit, then there is absolutely no need to prove that the driver is impaired to an extent that renders him incapable to drive the motor vehicle.
Alcohol DUI is the most common type
Even the statistics reveal the most common DUI crime is the one where the intoxicating substance involved is Alcohol. Most of the DUI arrests made in Alabama are due to consumption of alcohol where the driver is found to fail to make logical decisions related to driving and ensuring his/her own safety and that of the others. In such matters, the police official does not require to administer blood alcohol test or breath alcohol test if the driver appears impaired. Jury in such cases will consider these signs of impairment as a strong evidence in prosecution.
DUI for over the legal limit of consuming alcohol
Or call it DUI “Per se”. This is the second type of DUI crime where the person charged of DUI per se is arrested if he/she violates “per se” DUI laws. DUI per se law is enforced when the person has consumed “over the limit” alcohol which according to the lawyers of Alabama makes it illegal to drive the motor vehicle.
If the person’s Blood Alcohol level is 0.08% or more which is the legal limit for consumption of alcohol to fall under the DUI charges. As defined by state and federal motor vehicle laws, this legal limit is for the drivers who age 21 years and more and who are not driving the commercial motor vehicle.
According to this law, the court of law will not require any evidence that you had complete control over your motor vehicle. If your BAC levels are equal to or over the legal limit, you, by default will be prosecuted for DUI “per se”. One important thing to note is that DUI checkpoints are a place where the police officials can make DUI arrests, especially in situations where they say more or less than required by the state law.
You can escape the Alabama DUI if you remain silent or don’t appear for roadside DUI test
According to the lawyers of Alabama, while the police questions the driver before making a DUI arrest, the answers from the person can prove to the strongest evidence in prosecution. While the police is questioning and if they detect an alcoholic smell or that of a burnt marijuana, you will most likely be taken to the jail.
According to the Alabama DUI laws, the driver only needs to give address and name. Discourage from making any conversations with the police officials. If you are asked about prior DUI conviction history politely answer with maximum silence. Also do not attempt to administer any field sobriety tests.