DUI Arrest in Birmingham
What Are My Rights if I Am Arrested?
The DUI attorneys at Lakeman & Peagler, L.L.C. explain what your rights are when you’ve been arrested for drunk driving in Birmingham or elsewhere in Alabama.
If stopped on suspicion of DUI in Alabama, you must give police officers your name and address and produce your driver's license, your automobile registration, and proof of liability insurance. Law enforcement officers may arrest you for DUI if they have probable cause that you’re driving is impaired or that you are intoxicated.
Any thing that you say can be used against you. It is best to say as little as possible while remaining calm. There is a fine line between appearing uncooperative and asserting your rights. One never knows how a situation will play out and what happens during a Birmingham DUI stop depends to some degree on the officer’s mood at the time of the incident. If you are courteous and respectful, it is less likely that you will anger the officer and arouse further suspicion.
Usually, a police officer will ask that you perform field sobriety tests to establish evidence of your intoxication. You are not required by law to participate in these tests, the results of which may be used to arrest you. Refusing to engage in field sobriety tests may be construed as evidence of guilt, but without them, the officer may lack sufficient cause to arrest you.
You may be placed under an arrest at any time during a DUI stop if police feel that they have probable cause to charge you. The police have the right to arrest you under two different DUI laws in Birmingham. The first is impaired ability to safely operate your vehicle and the second is a blood alcohol concentration or BAC that is above the legal limit. An arrest occurs when a law enforcement officer informs you that you have committed a crime and tells you that you are under arrest. You must be informed of your Miranda rights and be provided with access to an attorney.
Once you have been arrested, the Alabama implied consent law allows the police to test your BAC. If you refuse, your license will be suspended for 90 days. Your BAC can be measured by blood, urine or breath tests but in Alabama is most often measured by means of breath tests. If you decided to submit to the BAC testing requested by the police, you are also entitled to an independent test of your BAC. You are responsible for arranging and paying for this testing but the police must provide you reasonable access.
After your Birmingham DUI arrest, you will be held in police custody until you are sober, or if you are a minor, until a guardian comes for you. Your car may be impounded and you will be subject to the criminal penalties associated with your DUI offense. You have ten days from the time of your arrest to schedule a hearing with the Department of Public Safety regarding the status of your driving privileges.
In many cases a Birmingham DUI attorney can reduce the penalties associated with DUI or help you to avoid conviction after a drunken driving arrest. To protect your rights, it is wise to consult with a qualified drunk driving attorney as soon as possible after a DUI arrest.
