DUI Attorney in Auburn

Being charged for drunk driving is a serious offense. The consequences are extremely harsh, and a conviction will leave you with a criminal record that could have a severe negative impact on your future. And if you are a college student in Auburn, you might even be looking at the possibility of getting kicked out of school.

If you are facing a DUI charge or you have been charged with another alcohol-related offense, you may think there is nothing you can do about it. But you must remember that being charged with a crime is not the same as being convicted. There are potential defenses that could be employed to help you get the charges dismissed, or at the very least, negotiate a reduction to a lesser charge.

At the Alsobrook Law Group, we understand that getting charged for DUI or another type of alcohol offense can be a scary situation. You may have already spent a little time in jail, and you are not sure what is going to happen next. Your next step should be to give our office a call so we can discuss your case and review your legal options. We have many years of experience successfully defending others who have been in your shoes, and we can do the same for you.

When you retain our services, we go to work immediately to thoroughly investigate the specific circumstances of your arrest and identify any and all weaknesses in the case against you. It could be that your constitutional rights were violated, or it could be that the tests were unreliable, or that the officer did not have probable cause to arrest you in the first place. We will look at your entire situation and put together the most effective defense strategy to mitigate the circumstances as much as possible.

We provide a strong defense against all types of alcohol-related offenses in Auburn, including but not limited to:

• DUI/DWI
• Multiple and Aggravated DUI’s
• Public Intoxication
• Indecent Exposure
• Disorderly Conduct
• Alcohol-Related Assault
• Underage Drinking

Alabama DUI Laws

In Auburn or anywhere in Alabama, an individual who is 21 years of age or older is considered legally intoxicated when they drive or retain physical control over a vehicle with a blood alcohol concentration (BAC) of .08% or above. This is called DUI “per se”, and you can automatically be charged for this offense by being above the legal limit. An individual can also be charged for drunk driving even if they are below the legal limit, but they demonstrate intoxication to the point of no longer being capable of safely operating a vehicle.

The penalties for a drunk driving conviction vary depending on how many prior convictions you have within the past 10 years and other specific factors:

• First DUI Offense: Even for a first offense, you will be facing fines starting at $600, up to a year in county jail, and a 90-day driver’s license suspension. The good news for a first-time offender is that there is no minimum jail time, and it may be possible to avoid going to jail altogether. You may even be able to get your driving privileges back if you fulfill certain requirements.

• Second DUI Offense: For a second offense, there is a minimum jail sentence of five days up to a maximum of one year. Fines are also higher starting at $1,100, and you are looking at having your driver’s license revoked for one year.

• Third DUI Offense: For a third offense, there is a minimum jail sentence of 60 days, fines that start at $2,100, and three-year driver’s license revocation.

If you have three or less DUI convictions in 10 years, you are likely to be charged with a misdemeanor assuming there are no aggravated circumstances present (more on this later). A fourth and subsequent DUI will cause your charge to be upgraded to a felony.

Felonies are far more serious than misdemeanors. Fines for felonies start at $4,100, and a conviction will land you in jail for a minimum of one year and a day, with the possibility of spending several years in prison.

Although first, second, or third time DUIs are usually charged as misdemeanors, there are certain circumstances that can incur enhanced penalties and potentially cause the charge to be upgraded to a felony.

Examples of aggravated circumstances during a DUI include:

• Driving with a BAC of .15% or higher;
• A DUI-related crash that involves another vehicle;
• A DUI-related accident that results in serious injury or death;
• Child endangerment;
• Reckless driving;
• Fleeing a police officer;
• Fleeing the scene of an accident;
• Driving with a suspended or revoked license;
• Driving without a valid license;
• Refusing to submit to the mandatory chemical (breath, blood, or urine) test after the DUI arrest.

Zero Tolerance for Underage DUI in Auburn

Alabama has a zero-tolerance policy when it comes to underage drinking and driving. If you are under the age of 21, you can be charged for DUI with a BAC of just .02% or higher. The penalties are the same for underage DUI as they are for other drunk driving charges, but as we touched on earlier, an alcohol-related conviction can be much more costly for a younger person.

Having a permanent criminal record can cost you opportunities both now and in the future. For example, if you are a student at Auburn University, you might be asked to leave school once the administration finds out about your DUI conviction. If you are still in the process of applying to attend Auburn or another college nearby, the admissions personnel is not likely to look favorably if you have a DUI on your record.

If you plan to go to graduate school in the future, a criminal conviction will put these plans in jeopardy as well. Your conviction may also adversely impact your ability to obtain access to housing, financing, and future employment opportunities. If you are pursuing a professional career which requires some type of state licensing, your application to become licensed will also be affected by your conviction.

How to Get an Auburn DUI Case Dismissed?

Validity of the Traffic Stop

A law enforcement officer must have reasonable suspicion of a crime being committed, even a minor traffic infraction, to lawfully pull you over for a traffic stop. Reasonable suspicion can range from anything from weaving, speeding, and reckless driving, to the police officer observing a mechanical violation on your motor vehicle, such as a broken taillight.

Challenging the Field Sobriety Tests

Challenging the validity of the field sobriety tests (FSTs) is another way to potentially get a DUI dismissal. Many officers use three primary tests to help determine if a driver is too intoxicated to drive, namely, horizontal gaze nystagmus (HGN), the walk and turn test (WAT), and the one-leg stand (OLS). These tests offer relative accuracy in determining whether a driver is under the influence of alcohol. However, these tests are subject to human error.

Chemical Test Outcomes

You may be able to challenge the validity of your outcomes, whether you took a breath, blood, or urine test. A key area that your lawyer may be able to contest is whether the testing instrument was appropriately calibrated and maintained.

Contact Our Skilled and Knowledgeable DUI Lawyers in Auburn, AL 

If you have been arrested and charged for drunk driving or any other alcohol-related offense, you cannot afford to take this situation lightly. This charge will not “go away” on its own, and in fact, being convicted could haunt you for many years to come. With so much at stake, you need an experienced attorney by your side who is committed to effectively fighting the charges against you and minimizing the negative consequences of your arrest.

If your arrest happened in Auburn, Opelika, or any of the surrounding communities, contact the Alsobrook Law Group right away for assistance. Message us online or call our office today at 334.737.3718 for a discrete and confidential consultation. We are ready to go to work for you!