A person driving under the influence of alcohol with a blood alcohol content (BAC) greater than 0.15 faces lengthier jail terms, longer license suspensions, and increased fines. To ensure you receive the best outcome to your case, it is imperative you hire a competent DUI defense lawyer. With possible punishments including up to one year of jail time for a first offense DUI over 0.15 BAC, a qualified defense lawyer is invaluable.
Huntsville BAC Greater than 0.15 Lawyer
Drunk driving is one of the most common crimes in Alabama, and as former prosecutors, the attorneys at Law Offices Of Segal & Segal have been on both sides of these cases many times. With the knowledge of how the state will analyze and argue the evidence against you, Law Offices Of Segal & Segal can proactively put together the most advantageous defense case. All evidence should be thoroughly questioned, including field sobriety tests and chemical measures of blood alcohol content.
Call (256) 533-4529 today to schedule a free consultation to review your legal options. An arrest for drunk driving can be the start of a difficult road, but if you are in the Huntsville area, Law Offices Of Segal & Segal is highly capable to defend you.
Madison County DUI with BAC Greater than 0.15 Overview
- How are DUI charges when a BAC is 0.15 or higher different from lower BAC levels?
- What are the consequences if you are convicted of this offense?
- What is an ignition interlock device?
An arrest for DUI in Alabama may be punished by up to one year imprisonment or a fine between $600 and $2,100—or both. Additionally, the defendant's driver's license will be suspended for a minimum of 90 days. DUI charges typically involve a BAC of .08 or above. However, the state of Alabama enacted a law in 2011 that increased penalties for those individuals determined to have a BAC of 0.15 and above.
Alabama Code 32-5A-191(i) states that any person operating or in physical control over a vehicle with a BAC above 0.15 shall be sentenced to at least double the minimum punishment that the person would have received for a lower BAC.
Any time an individual is tested and found to be driving with a BAC greater than 0.15, the minimum penalty is doubled. If a person has a prior DUI conviction within the past five years and is currently stopped and found to have a BAC above 0.15, the minimum penalty for a second DUI is enhanced. The possible punishments in Alabama for DUI over 0.15 BAC include:
- First DUI over 0.15 BAC
- Minimum one year imprisonment, although sentencing court has the authority to suspend entire sentence
- Fine between $1,200 and $4,200
- Driver's license suspended for one year
- Required DUI class
- Ignition interlock device (in-car breathalyzer) installed for two years
- Second DUI over 0.15 BAC
- If second conviction within five years, up to one year in jail
- At minimum, either 10 days in jail or 60 days of a community service
- Fine between $2,200 and $10,200
- Driver's license suspended for one year
- Ignition interlock device installed for four years
- Third DUI over 0.15 BAC
- If third conviction within five years, minimum 120 days up to one year in jail
- Fine between $4,100 and $20,200
- Driver's license suspended for three years
- Ignition interlock device installed for six years
- Fourth DUI over 0.15 BAC
- If fourth conviction within five years, felony DUI with minimum term of imprisonment of two years and two days up to a 10 years
- Fine between $8,200 and $20,200
- Driver's license suspended for five years
- Ignition interlock device installed for ten years
For those convicted of DUI with BAC above 0.15, an expensive ignition interlock device must be installed in the defendant's car. An ignition interlock device prevents the defendant's car from starting unless the driver's breath registers below 0.02 BAC. The ignition interlock device comes with fee to the court of $75 per month for four months plus the cost to purchase the device from a third party vendor and have it installed and routinely calibrated. Defendants who do not have a motor vehicle will still be required to pay a fee of $75 per month for four months.
The driver's license suspension must be completed prior to installation of an interlock device. With a new driver's license comes a “scarlet letter” indicating that the defendant has an installed car breathalyzer.
Find the Best BAC Greater than .15 Lawyer in Huntsville
Being stopped and arrested for a DUI does not have to lead to a conviction. When you are playing a hand of poker, you want to play the best hand you have. Law Offices Of Segal & Segal provides decades of legal practice to draw upon, both as former prosecutors and knowledgeable defense attorneys. The science brought forth by the state to prosecute DUIs is not perfect. Sandra Segal and Andrew Segal know the weak points of the prosecution's case and how to show doubt in their claims.
If you have been arrested for DUI in Huntsville, Madison, Meridianville, Moores Hill, Harvest, Hazel Green, New Hope, Gurley, Triana or anywhere in Madison County, call (256) 533-4529 to schedule a free consultation to discuss your case.