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How Can I Avoid Jail Time If I’m Arrested For a DUI?

dui attorney in alabama - Smith & McGhee

You could serve up to one year behind bars or pay a fine between $600 (minimum mandatory) and $2,100 if you receive a DUI conviction in Alabama. Even if your transgression is classified as a first offense DUI and you are convicted, you may be looking at least hefty DUI penalties.

These penalties could include losing your driving privileges for any automobile through revocation or suspension, or other punishments that the court may order, such as imprisonment. The penalties may vary between adult drivers (aged 21 years or older) and a Youthful Offender. In fact, there is a first time DUI benefit for Youthful Offenders under Alabama laws.

DUI Fines and Probation

A DUI arrest in Alabama does not necessarily mean jail time. In many cases, assigning a jail sentence may not even cross a judge’s mind. But state law does allow a court to order imprisonment even for first-time lawbreakers.

There may still be measures for damage control if incarceration may be a possibility in your case, and a criminal conviction is imminent. If you are ready to fight for your rights, you can avoid jail time.

An experienced criminal defense lawyer can vehemently argue for your rights in front of a judge. A qualified legal professional can get your criminal penalties significantly reduced, whether through a plea agreement or courtroom statements.

Probation is an alternative sentence for a DUI, and it involves being released from custody under stringent supervision. There are various requirements that a person on probation must follow, such as routine drug tests and mandatory counseling. Courts often levy legal fines with this penalty.

DUI Courses, License Revocation, and Community Service

A DUI course is a penalty that might substitute for imprisonment. These courses encompass topics such as safe driving habits, alcohol dependency, and the aftermath of automobile accidents that occur due to drunk driving. Upon the completion of this course, you will be given a certificate as proof. Community service is also a standard penalty for DUI offenses.

License revocation or suspension is a damaging consequence of a DUI sentence. Still, in comparison to jail time, this is less harsh. But this makes it almost impossible to function on a daily basis. It becomes challenging to reach anywhere, whether you want to go to work or spend time with family.

Treatment Programs and Electric Monitoring

In a DUI conviction case, it is possible to argue for Electronic Monitoring (EM). A judge may find it more suitable to place an electronic GPS device on the offender, rather than putting them behind bars. There are various benefits of this penalty in comparison to imprisonment, such as being allowed to travel to and from your workplace.

Jail time could mean losing your employment entirely. EM is also beneficial for the legal system as they do not have to spend on incarceration while being able to monitor the offender’s location at all times.

In cases involving DUI charges, the best possible outcome that the accused could hope for is being ordered to participate in an alcohol or drug rehab program. Such programs often do not include any further penalties, such as probation or fines.

It is beneficial for everyone involved if the offender participates in an alcohol or drug rehabilitation program. Such programs address the root cause of the problem, which is alcohol or drug abuse, and not merely attempt to punish offenders.

Challenging the Results of the Breathalyzer Test

Many people mistakenly believe that if the breathalyzer shows an above the limit reading when they blow into it, they are sure to receive a DUI conviction. However, this is not always the case. Sometimes breathalyzer test results can be challenged on scientific grounds. In other cases, the circumstances surrounding a specific test can be questioned, creating reasonable doubt about the DUI defendant’s guilt. 

An experienced drunk driving attorney can throw light on the challenges that are appropriate in an individual DUI case, and potentially even prevent the test results from being presented in court entirely.

Talk to a Seasoned DUI Attorney to Protect Your Rights

A skilled attorney can often use various defenses to get your DUI charges reduced or dismissed entirely. An effective strategy involves proving that your civil rights were compromised in some manner. For instance, you may not have been read your Miranda rights or you were stopped without reasonable suspicion that you were driving drunk.

Regardless of the situation, the experienced drunk driving attorneys at Smith & McGhee can help ensure the most favorable outcome possible in your DUI case. Contact us today at (334) 702-1744 for an initial consultation.