The Laws of Drunk Driving in Alabama
In all 50 states, driving under the influence and driving while impaired is a crime. Although your injuries may not necessarily be grievous or have led to the loss of life, there is no doubt that there was a serious wrong committed against you. The law reflects this, and public opinion is often firmly against those who engage in this sort of behavior, particularly when others are harmed in the process. In Alabama, a blood alcohol content (BAC level) of 0.08% in drivers over the age of 21 is enough to constitute a DUI; for those underage, it’s even more severe, and a person may be charged with a DUI if found to have a .02 BAC level. If a person is pulled over and found to have this level of alcohol in the bloodstream, they face legal consequences regardless of whether or not they were involved in an accident. It must be proven in court that the driver was impaired and operated a vehicle for the case to be a success.
These terms are interchangeable throughout the country. DUI and DWI do not necessarily mean a drunk driver was at fault: rather, these terms could refer to impairment caused by different drugs and not just alcohol.
Punitive Damages in DWI Cases
In Alabama, there is no mandatory minimum jail term for a first DUI as this is a misdemeanor crime. However, this does not mean all is lost. Rather than seeking criminal charges, you have the option of filing for compensatory and punitive damages against the party who caused the accident. These damages can help cover costs relating to mental anguish, pain and suffering, permanent injuries, future medical care, as well as punitive damages to deter the future conduct of the DUI driver.
Your lawyer will help you go over the defendant’s criminal history, thus proving to a judge the potential poor character of the perpetrator. With a history of success in cases of this nature, Moore Law Firm promises each client a thorough investigation that catalogues everything from the defendant’s insurance, assets, and criminal history to a comprehensive review of police documentation from the scene of the crime. We will leave no stone unturned in the pursuit of justice for you and your loved ones.
Third-party charges are also an option you may not have considered. We will investigate to see if there is any liability held by whoever furnished the drugs or alcohol to the defendant in your case. These charges, known as Dram Shop claims, give liability to bars, clubs, and the like for continuing to serve an intoxicated patron, which can endanger others.
Call the team at Moore Law Firm today to see what we can do for your DUI case.