How to fight a DUI charge in Alabama

How to fight a DUI charge in Alabama

On Behalf of | Jul 16, 2021 | DUI

All states enact tough laws to combat DUI and lessen the chance of accidents. A DUI can remain on your record long after you serve your sentence. However, getting a DUI in Alabama doesn’t mean you have to accept it. You may have a chance of getting the case dismissed with some defenses.

Challenge chemical tests

When an officer pulls you over, they commonly conduct chemical tests to determine your BAC, or blood alcohol content. BAC in The BAC in most all states is .08, and even if you’re under that, you can still get charged. A charge based on BAC is called per se, and the prosecution won’t need other evidence for a DUI charge.

However, these tests aren’t always accurate because of improper handling or lack of calibration. Many factors can cause the test to give false positives, such as certain foods or prescription medication.

Prove you weren’t driving

In most states, you must be in physical control of the vehicle to get charged. In Alabama and most other states, you can even get arrested even if you were not driving.

However, it depends on factors such as the location of the vehicle, keys and driver. If you were sleeping in the back seat without the keys in the ignition, you may have a strong defense. Sometimes, the wrong person gets arrested in solo accidents because no one admits to driving, so you could claim you were falsely charged.

Lack of probable cause

An officer needs probable cause to pull a driver over, such as erratic driving behavior. Probable cause implies beyond a reasonable doubt that you were under the influence.

If your attorney reviews the dashcam video or interviews witnesses, they are commonly able to determine the exact circumstances. Probable cause also involves the officer’s observation of behavior, which can be hard to challenge. However, some medical conditions may make you look intoxicated, such as epilepsy.

DUIs come with stiff penalties, so don’t be afraid to challenge the charges. Get in touch with an attorney as soon as possible.