An arrest for driving under the influence of alcohol or drugs (DUI) can impact a person's life in a variety of ways. A DUI arrest seriously impacts the life of the accused, so he should follow certain procedures in order to help his case. A Birmingham Alabama attorney can guide the arrested person through the maze of the court process.
First, drinking and driving is a serious crime which carries mandatory fines and penalties. While civil court handles most traffic arrests, criminal court holds jurisdiction over DUI offenses. Additional penalties include jail time and a possible probation term, in addition to a misdemeanor or even a felony record.
Second, an arrested person always has constitutional rights. He does not need to answer questions the police ask. If law enforcement personnel ask the driver about the amount of alcohol he consumed, the suspect does not need to respond. Police can charge the driver or conduct a chemical test, usually a breathalyzer, to determine impairment levels. If a person's blood alcohol level is above .08 percent, he will be charged with DUI. If he is a minor, the courts enforce zero tolerance for drinking and driving. The driver needs to speak firmly but politely. He may be recorded via video or audio, and this tape can be used as evidence in court.
Third, the driver needs to stay in the vehicle until he is asked to exit. This consideration affects everyone's safety. Police place safety issues as a high priority. If the driver acts in an uncoordinated manner, law enforcement personnel may think he is intoxicated.
Fourth, the driver needs to think carefully before agreeing to take a breath test. However, implied consent laws state that refusal to submit to chemical testing can result in the suspension of the person's driver's license. In some cases, a chemical test above the legal limit can have the same or harsher penalties as refusal to submit to testing. A Birmingham disability attorney often advises clients to refuse a breathalyzer.
Fifth, the courts separate criminal charges from sanctions by the department of motor vehicles. Police confiscate the impaired driver's license. In some cases, the driver may receive a restricted license that allows him only to commute to work. The arrested person must pay any fees for reinstatement in addition to criminal court fines.
Finally, contact a Birmingham injury lawyer. An experienced attorney can fight for the accused's rights in court, especially if any prior offenses might be brought to the judge's attention. A lawyer knows how to handle the technical aspects of a DUI case.
First, drinking and driving is a serious crime which carries mandatory fines and penalties. While civil court handles most traffic arrests, criminal court holds jurisdiction over DUI offenses. Additional penalties include jail time and a possible probation term, in addition to a misdemeanor or even a felony record.
Second, an arrested person always has constitutional rights. He does not need to answer questions the police ask. If law enforcement personnel ask the driver about the amount of alcohol he consumed, the suspect does not need to respond. Police can charge the driver or conduct a chemical test, usually a breathalyzer, to determine impairment levels. If a person's blood alcohol level is above .08 percent, he will be charged with DUI. If he is a minor, the courts enforce zero tolerance for drinking and driving. The driver needs to speak firmly but politely. He may be recorded via video or audio, and this tape can be used as evidence in court.
Third, the driver needs to stay in the vehicle until he is asked to exit. This consideration affects everyone's safety. Police place safety issues as a high priority. If the driver acts in an uncoordinated manner, law enforcement personnel may think he is intoxicated.
Fourth, the driver needs to think carefully before agreeing to take a breath test. However, implied consent laws state that refusal to submit to chemical testing can result in the suspension of the person's driver's license. In some cases, a chemical test above the legal limit can have the same or harsher penalties as refusal to submit to testing. A Birmingham disability attorney often advises clients to refuse a breathalyzer.
Fifth, the courts separate criminal charges from sanctions by the department of motor vehicles. Police confiscate the impaired driver's license. In some cases, the driver may receive a restricted license that allows him only to commute to work. The arrested person must pay any fees for reinstatement in addition to criminal court fines.
Finally, contact a Birmingham injury lawyer. An experienced attorney can fight for the accused's rights in court, especially if any prior offenses might be brought to the judge's attention. A lawyer knows how to handle the technical aspects of a DUI case.
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