DUI / Drunk Driving Arrest Defense Attorney in Birmingham, Jefferson County, Alabama
Charged with DUI? Call now for
a free consultation at 205-930-9717
Drunk driving: these two words strike fear in the hearts of people who have lost loved ones in drunk driving automobile accidents as well as in those of persons accused of DUI. DUI is one of the few crimes to which the adage "innocent until proven guilty" often does not seem to apply in actual law enforcement practices.
More than 10,000 DUI arrests take place in Alabama each year. This number underscores the widespread need for experienced DUI defense attorneys of the caliber of Michael P. Hanle to ensure the rights of the accused. One might argue that this need is as important as the need for the state to prevent the dangers of driving nnder the influence of drugs or alcohol. The penalties for a drunk driving conviction can be severe, including fines ranging from $600 for a first offense to as high as $10,000 for a fourth offense. Significant jail time and driver's license suspension may also be included in sentencing.
Fair Defense, Powerful Representation for Persons Charged with DUI
Such severe penalties make it all the more critical that offenders receive fair, constitutional defense before the courts. Birmingham DUI defense attorney Michael P. Hanle devotes his law practice to the vigorous representation of all persons accused of criminal charges, including DUI. You need to contact an experienced DUI defense lawyer right now if you have been arrested for dnmk driving! In order to protect your driving privileges, you may need to request a hearing with the Alabama Department of Public Safety. Mr. Hanle needs to hear from you as soon as possible to ensure your fair defense.
Birmingham, Huntsville, Montgomery DUI Defense Lawyer DUI arrests are often handled through municipal courts. Through skillful negotiations with prosecutors, Mr. Hanle's often crafts arrangements that allow his clients to keep their licenses. Instead of jail time and license suspension, they may agree to perform community service or go to AA meetings. Since even a first offense may result in a jail sentence, judges are not likely to take a DUI plea without attorney representation. While courts often have public defenders available, an experienced DUI defense lawyer such as Michael P. Hanle may offer clients a stronger chance at the dismissal of their cases, or the least disruptive penalties available.
Mr. Hanle typically represents DUI clients in Birmingham and nearby communities including Huntsville, Columbiana, Decatur, Montgomery, Ashville, and Talladega in the Alabama counties of Shelby, Jefferson, St. Clair, Talladega, Tuscaloosa, Cullman, Madison, and Montgomery. Contact the Law Office of Michael P. Hanle directly for help with your DUI defense.
Do You Need An Experienced DUI Defense Attorney?
I understand that a DUI arrest is a frightening experience that can have a significant impact on your life. A DUI arrest usually occurs when a person least expects it and is unsure of how to deal with it. DUI Attorney Michael P. Hanle has extensive experience helping those charged and arrested for DUI get through this extremely difficult time.
Most people do not know that it is not illegal in the state of Alabama to drink and drive. It is illegal, however, to drive your vehicle under the influence of alcohol, a controlled substance, or any substance to a degree which renders him or her incapable of safely driving. Call DUI Attorney Michael P. Hanle today so we may discuss the difference and help you understand the process that you have now been thrust into.
I will meticulously investigate your case and consider all possible defenses and arguments that can be made to effectively defend you at this difficult time. It is important to get an experienced attorney involved early in your case. This allows the attorney to begin working on your case to achieve the desired results before you must appear in court.
It is important to understand that when a DUI arrest occurs, two separate, but important legal proceedings take place. First, is the criminal case that is prosecuted by the State or Municipal Prosecutors Office. The second legal proceeding begins with the “pre-suspension hearing” and proceeds into an appeal of the Department of Public Safety’s decision to administratively suspend your license while the DUI case is pending.
Under Alabama law, a DUI can be proven in one of six different ways:
(1) proof that an individual’s normal faculties are impaired due to alcohol; or
(2) proof that an individual’s blood alcohol or breath alcohol level was .08 or above; or
(3) proof that an individual’s normal faculties are impaired due to a controlled substance; or
(4) proof that an individual’s normal faculties are impaired due to the combined influence of
alcohol and a controlled substance; or
(5) proof that an individual’s normal faculties are impaired due to any substance; or
(6) proof that an individual under the age of 21 years has a blood alcohol or breath alcohol level
of 0.02 or above.
The penalties upon conviction are the same, regardless of the manner in which the offense is proven. However, the penalties begin to expand exponentially for a second or third violation.
If you plead guilty or no contest to your first DUI charge, the minimum penalties can include a
driver's license suspension, entry into and completion of a court referral program, a DUI criminal
conviction and various court costs and fines.
Alabama’s DUI statute can be found in Alabama Code, Section 32-5A-191.
Your drivers license is subject to being suspended administratively upon being charged with a DUI. However, you must act fast because unless we file a request for a “pre-suspension” hearing
with the Department of Public Safety on your behalf within 10 days of your arrest, your license
can be suspended for a period of up to 90 days for a first offense.
Every person who obtains a drivers license in the State of Alabama agrees to take a breath test if requested to do so by a law enforcement officer. This is what is commonly known as the “Implied Consent” law which is found in Alabama Code, Section 32-5A-300.
Based on the “Implied Consent” law, if it is determined that a person had a blood alcohol level in excess of 0.08 and was in actual or physical control of a vehicle. Meaning that the person was actually driving or in control of the vehicle, the Department of Public Safety can administratively suspend your drivers license. Additionally, in a situation where a person refused to submit to a breath test, the Department of Public Safety can administratively suspend your drivers license.
This administrative suspension is a separate and distinct action that is not related to or dependant on the outcome of the criminal DUI case.
If DPS decides to suspend your license, we have options that can be pursued to maintain your license and permit you to continue driving.
I file a direct appeal of the Department of Public Safety’s decision to suspend in each and every one of my client’s cases. When I file the appeal on your behalf, I get a Circuit Court judge to issue an injunction preventing DPS from suspending your license. If a suspension has already gone into effect, the Judge orders DPS to reinstate your license during the pending appeal. This permits my clients to continue to drive allowing them to take care of day-to-day chores and responsibilities.
Following the resolution of your DUI case, I will meet with attorneys for the Department of Public Safety and negotiate a settlement of the drivers license suspension issue. Most times I am able to get a reduction in the number of days your license will be suspended. This often saves my clients’ time and money.
Alabama’s DUI / Drunk Driving Laws are complex.
It is important to retain competent, knowledgeable and aggressive attorney to represent you throughout the criminal and administrative process. DUI Attorney Michael P. Hanle understands the process and the impact it can have on you life. If you have been accused of DUI, or if you know someone who has been accused of DUI, do not delay in contacting DUI Attorney Michael P. Hanle for a free
consultation!
Aggressive Criminal Defense in
Federal, State, or Local Alabama Courts