Alabama DUI
A person can be charged with DUI or DWI in the state of Alabama under one or both of two theories. The first theory is driving under the influence of alcohol or drugs. A person puts him or herself in danger, along with other drivers on the road, while driving under the influence. The second theory on which a person can be charged with DUI is based on a violation of Alabama's per se laws, which is driving with a blood alcohol content of .08% or higher. This charge can be brought upon a person based solely on his or her body chemistry, and not on how the person is actually driving. This means, you will be charged with DUI once you fail the sobriety test even though you were driving normally and carefully.
More on Alabama DUI laws
Another thing about the DUI law in Alabama is that a person can be charged without actually driving the car. If you get pulled over, and another passenger aside from the driver has a blood alcohol content of .08% or over, just being in the car is enough for this person to be charged. An additional punishment is imposed on a person for refusing to take a chemical test after an arrest for drunk driving. This can lead to a 90-day suspension of your driver's license. The prosecutor may also use this refusal against you in the criminal court case with the argument of consciousness of guilt.
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