Surprising to many, DUI charges can still come days after an accident, even if you weren’t arrested at the scene. In Alabama, the statute of limitations governs the time window for criminal charges. An officer doesn’t have to detain you immediately for charges to be filed, making timely legal consultation crucial.
Understanding Statute of Limitations: Felony and Misdemeanor DUIs
For felony DUIs, like the fourth offense within five years or causing severe injuries, the statute of limitations is typically several years. However, felony DUI causing serious bodily harm or fatalities comes with no deadline.
Misdemeanor DUIs, common for first-time offenses without injuries, have a one-year statute of limitations. Early legal guidance is key in such cases.
License Suspension Preceding Conviction
Alabama can suspend your driver’s license before conviction. A minimum 90-day suspension occurs for no prior alcohol or drug-related contacts, increasing to a year with prior incidents. Officers will notify suspension upon refusing a chemical test or testing ≥ 0.08 BAC, providing a temporary 30-day license.
Requesting an Administrative Hearing
You can request an administrative hearing within 10 days to contest the suspension. While the state only needs to demonstrate lawful arrest and testing refusal, consulting a DUI lawyer is crucial for maximizing your defense.
Swift Legal Action for Your Defense
In some cases, notice of suspension arrives by mail, prompting prompt legal action. For instance, your arrest might be challenged if the stop lacked justification. Contact our experienced DUI lawyer immediately to explore legal options.