Wendell W. Wilson, Attorney at Law

Specializing in DUI & Criminal Defense Law

DRIVING UNDER THE INFLUENCE



1.    EXPERIENCE COUNTS: Since 1994, I have handled THOUSANDS of DUIs – with a very high success rate.


2.    It is NOT against the law to drink and drive in Alabama.

 

3.    A breath test result greater than .08% does not necessarily make you guilty of DUI.

 

4.    IN FACT, this office has successfully defended many DUI cases – even where breath test results were well above .08%.

 

5.    The driver’s license suspension is not absolute – it is possible to avoid the suspension of your license.

 

6.    FIRST COURT SETTING:  The purpose of your first court setting is for the court to advise you of what charge(s) are against you and ask for your plea of guilty or not guilty.  By entering a plea of NOT guilty, the court will advise you of a trial setting, which will allow you enough time to consult with an attorney and properly prepare your defense.

 

 If you would like to schedule an in office appointment FOR AN EVALUATION OF YOUR CASE,

please call (256) 534-6008 to schedule a consultation. 

I look forward to meeting you.



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DUI SENTENCING SCHEDULE


ACT NUMBER 2014-222




FIRST CONVICTION

 

IMPRISONMENT:     NOT MORE THAN ONE (1) YEAR

FINE:             NOT LESS THAN $600.00 NOT MORE THAN $2,100.00

COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM

SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF NINETY (90) DAYS

INTERLOCK:        Ignition Interlock Device required for

                  two (2) years IF:

                  Refuses to provide blood alcohol sample;

                  0.15 blood alcohol content or greater;

                  Child under the age of 14 passenger in vehicle;

                  or      

                  Someone other than offender injured.   

 

SECOND CONVICTION


IMPRISONMENT:    NOT MORE THAN ONE (1) YEAR

MANDATORY:       IMPRISONMENT FOR AT LEAST FIVE (5) DAY

                 AND/OR 

                 COMMUNITY SERVICE FOR AT LEAST THIRTY (30) DAYS

FINE:            NOT LESS THAN $1,100.00 NOT MORE THAN $5,100.00 

COMPLETION:      MUST COMPLETE A COURT REFERRAL PROGRAM

SUSPENSION:      DRIVER’S LICENSE FOR A PERIOD OF ONE (1) YEAR

INTERLOCK:       Ignition Interlock Device required for two (2) years

 

THIRD CONVICTION

 

IMPRISONMENT:     NOT LESS THAN SIXTY (60) DAYS NOT MORE THAN ONE (1) YEAR

MANDATORY:        IMPRISONMENT FOR AT LEAST SIXTY (60) DAYS 

FINE:             NOT LESS THAN $2,100.00 NOT MORE THAN $10,100.00 

COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM

SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF THREE (3) YEARS     

INTERLOCK:        Ignition Interlock Device required for three (3) years

 

FOURTH + CONVICTION:    CLASS C FELONY 

 

IMPRISONMENT:     NOT LESS THAN ONE (1) YEAR & ONE (1) DAY NOT MORE THAN TEN (10) YEARS

MANDATORY:        TEN (10) DAYS AT COUNTY JAIL

PROBATION:        NOT ELLIGIBLE UNTIL COMPLETION OF STATE CERTIFIED DEPENDENCY PROGRAM

                  – CAN BE PLACED ON HOUSE ARREST WHILE ON PROBATION   

FINE:             NOT LESS THAN $4,100.00 NOT MORE THAN $10,100.00

COMPLETION:       MUST COMPLETE A COURT REFERRAL PROGRAM

SUSPENSION:       DRIVER’S LICENSE FOR A PERIOD OF FIVE (5) YEARS

INTERLOCK:        Ignition Interlock Device required for five (5) years

  

SENTENCE ENHANCEMENTS

 

THE DEFENDANT SHALL BE SENTENCED TO:

 

DOUBLE THE ABOVE MINIMUM PUNISHMENTS

 

IF:

 

A CHILD UNDER THE AGE OF 14 YEARS WAS PRESENT IN THE VEHICLE AT THE TIME OF THE OFFENSE

OR

AT LEAST 0.15 PERCENT OR MORE BY WEIGHT OF ALCOHOL


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If the Department of Public Safety issues a suspension of the Defendant’s driver’s license, an additional suit can be filed to have the suspension stopped.  The purpose of filing a driver’s license civil suit is to STOP the suspension of the driver’s license privileges pending the outcome of the criminal DUI charge.  The civil suit must be filed within ninety (90) days from the DUI arrest.  THIS IS OPTIONAL TO THE DEFENDANT.)


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Misdemeanor and traffic charges are generally resolved in the lower (Municipal or District) Court unless the Defendant CHOOSES to appeal the case to the higher (Circuit) Court. 

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Ignition Interlock Device

 

FIRST CONVICTION SUSPENSION (IGNITION INTERLOCK NOT REQUIRED):

 

Upon the conviction and ninety day suspension, the ninety day suspension can be stayed if the offender elects to have an approved ignition interlock device installed and operating for six months on the designated vehicle driven by the offender.  This is only offered if the Ignition Interlock Device is NOT ordered or required in the sentencing and instead and is an option by the offender.

 

IGNITION INTERLOCK REQUIREMENT FOR FIRST AND SECOND CONVICTION:

 

When Ignition Interlock Device is required and ordered by the court, after a minimum of 45 days of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

 

IGNITION INTERLOCK REQUIREMENT FOR THIRD CONVICTION:

 

When Ignition Interlock Device is required and ordered by the court, after a minimum of 180 days of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

 

IGNITION INTERLOCK REQUIREMENT FOR FOURTH CONVICTION:

 

When Ignition Interlock Device is required and ordered by the court, after a minimum of one year of the license revocation or suspension and upon installation of the Ignition Interlock Device and all of its requirements, the required time period for the ignition interlock will start and the remaining suspension will be stayed and commuted upon the successful completed of the period of time in which the ignition interlock device is mandated to be installed and operational.

 

Officially as of September 1, 2012, Alabama became the 50th state to impose the ignition interlock device as a penalty for anyone who is convicted of driving under the influence of alcohol.

 

Once the device is installed in a vehicle, it will prevent the vehicle from starting if an alcohol percentage of .02% or higher is registered when a person blows into the tube. The device also requires a rolling start, which means that every few minutes, a driver will need to blow into the tube again. If the device detects alcohol on a person's breath, it will issue an alarm system that will go off until the vehicle is turned off.

 

There are fees associated with the ignition interlock device. First, you'll need to pay a fee in order to have your driver's license reinstated after your suspension period has ended. Next, you'll be required to pay the installation cost, which may range from $50 to $200 or more.  And because you'll be renting the device, you'll be responsible for a monthly fee of $50 to $100.

 

In addition, the device will need to be maintained and calibrated so that the recorded information can be downloaded. This will need to occur every 30 to 60 days and you'll be required to pay the fees associated with this. If you fail to have your device maintained, the courts will be notified and it will be considered a violation of your sentencing.

 

Any person convicted of a violation of this is punishable by imprisonment for not more than six months or a fine of not more than five hundred dollars ($500), or both.





No representation is made that the quality of legal services is greater than that provided by other attorneys.