In Alabama, and all other 49 states, it is a criminal offense to operate a motor vehicle with a blood alcohol level that is 0.08 or higher. The various DUI laws will vary depending upon the state. There may be time frames associated with driving and blood alcohol level that may constitute a crime. Some states have criminalized having blood alcohol level (BAC) at or greater than 0.08 within 2 hours of driving. Depending upon the law in your state, your state statute dictates whether it is a crime to be in physical control of the vehicle with a BAC level of .08 or higher or a crime to have your BAC above .08 within a certain time of driving. The .08 level is considered per se violation of the DUI statute.
This per statute simplifies the prosecution of the DUI offenders. The prosecution will not have to prove that you were under the influence of alcohol. If they are able to present admissible evidence that indicates your BAC level was .08 or higher, then that fact is evidence of your guilt. You must challenge the BAC evidence to attack the reliability of test.
The per se limit in most states also affects any administrative driver's license suspension. The BAC result higher than .08 may be enough to have your license automatically suspended based upon the BAC result. You must request a hearing to challenge the administrative suspension of your license. There are strict time requirements associated with filing a challenge.
These per se law violations will lead the state to file multiple DUI charges for one DUI violation. Typically, the state will file a per se DUI count and an impairment count. Though you have multiple DUI counts, you will only be sentenced upon one of the counts. In addition, you typically will not face multiple convictions. A DUI is a very serious offense and you need to obtain an experienced DUI Attorney. For further information, contact your Baldwin County DUI Attorney or your Shelby County DUI Attorney.
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