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Alabama DUI Laws

Most Americans know that DUI stands for driving under the influence, and this is the term that Alabama uses. The action is not limited to just driving a motor vehicle. You can get in trouble with the law for operating the motor vehicle simply by placing the keys in the ignition and starting the car while under the influence. Being under the influence in Alabama is not limited to just alcohol either; you can be under the influence of illegal drugs or even prescription drugs. You may be surprised to learn that you can get a DUI in Alabama for taking prescription drugs that you are legally using. Some of these prescription drugs are those that include drowsiness warnings. In Alabama, a DUI offense can be for a broad range of activities such as the typical driving a car while drunk or getting in the car and turning it on after smoking marijuana.

Having at least .08 grams of alcohol for every 100 milliliters of blood or for every 210 liters of breath or for every 67 milliliters of urine means you are under the influence under Alabama law for a DUI. Any amount of a controlled substance present in your urine or blood is enough for a DUI in Alabama. If you are under the influence of both alcohol and a controlled substance, then it is still one DUI offense, not two.

Generally, you can be driving under the influence if you have taken any substance that has impaired your mind and movements or to where you cannot drive safely.

In Alabama, a driver can be arrested for DUI for driving with a blood alcohol content of 0.08 or greater.  However, this charge may be reduced or dismissed if the prosecution states reasons for reduction or dismissal and files such reasoning with the court.  In terms of when an officer can make an arrest, they can do so if they have a valid warrant.  Without such a warrant, the officer may still make an arrest if he has probable cause to think that the person involved has violated the DUI statute.  If the officer believes that such a violation occurred prior to or immediately before the accident, then the officer has probable cause to make the arrest.

There are many specific examples of behavior that police use in order to make determinations about the likelihood of a DUI occurring.  They will look for unusual or reckless driving, the defendant’s conduct and physical appearance, the way a defendant responds to a field sobriety test, and any tapes or film available from the incident.  There are also many common symptoms police use to determine if a person is driving drunk.  If the driver’s clothes are unkempt, if he has bloodshot or red eyes, if he has a flushed face or red skin, if he smells of alcohol, and if speech is slurred are all prime evidence police will use in their determination of a driver’s abuse of alcohol.


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