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DUI and DWI Attorney in Birmingham, Alabama

Successfully Handling Your Case

At Simms & Associates, we understand that being convicted of a DUI can have serious consequences, whether it is a first-time offense, a commercial DUI or a felony DUI. You may lose your freedom to drive, face fines and increased insurance rates, and have difficulty finding employment.
 
When you are facing charges of DUI or DWI, our experienced attorneys can give you the diligent representation you need to achieve a favorable outcome.

General DUI and DWI Offenses

When you come to the lawyers at Simms & Associates for legal advice and representation concerning your DUI arrest, we will take a thorough look at your case and build a strong, reliable defense. We will address the automatic suspension of your license, examine the details of your arrest and discuss any prior convictions.

Commercial DUI or DWI

Because of the increased responsibility involved in operating a commercial vehicle, the standards for driving are much stricter, and the consequences for commercial DUIs are harsh. In Alabama, you can be arrested for a commercial DUI if your blood alcohol level is 0.04 percent or greater. If convicted, your commercial license will be suspended for one year, and you may be considered unemployable as a commercial driver.
 
Our skilled attorneys will take the action needed to preserve your privilege to drive and give you the aggressive representation you need to protect your record and your rights. 

Felony DUI or DWI

If you are convicted of a fourth DUI or DWI within a five-year period, it is classified as a felony DUI. When charged with a felony DUI, you face increased penalties and consequences. As a Class C felony, this type of DUI can result in a minimum of one year and one day and no more than 10 years in prison. Your license will also be suspended for five years, you may face a fine of $4,100 to $10,000 and face required attendance to a court-approved substance program.
 
If you are charged with a felony DUI, we will conduct a detailed investigation of your arrest, including how field sobriety tests were conducted and the justification for the initial traffic stop. We will use our experience and knowledge to successfully handle your case.

Contact Us Today

If you have been charged with a DUI or DWI, call our offices today to schedule a consultation. We are available 24/7 for your representation needs.

Birmingham, Alabama DUI Attorney

"Can I refuse a breath test?" Alabama law does not specifically recognize a 'right to refuse' a breath test. However, the law does state that if a person refuses the test, no test shall be given. There is an exception to this rule in the event of an auto accident involving serious physical injury or death. Evidence of a refusal can be used against you at trial and your license can be suspended for refusing to submit to testing. If this has happened to you, ask us how we can get your driving privilege reinstated.
What is "blood alcohol content"? Blood alcohol content (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test, although blood or even urine testing is done in some instances. If the level is found to be at or above .08, the test results can establish a rebuttable presumption of impairment. A person convicted of DUI with a BAC of .15 or greater is subject to twice the minimum punishment that otherwise could would have been imposed.
Field sobriety tests and breath testing devices are far from infallible or above challenge. There are often standards that are not met or equipment that is faulty. At Simms & Associates in Birmingham, Alabama, it is our job to identify those deficiencies in defending your DUI case.
At Simms & Associates, we will make every attempt to work with the prosecution to negotiate a plea bargain if we believe it to be in our client’s best interest. However, if the prosecution is not willing to resolve the case to your satisfaction, we will diligently defend the case in court.
All testing must adhere to standards set by the National Highway Traffic Safety Administration. This is not the only source, as testing is also governed by administrative rules promulgated by the Implied Consent Unit of the Alabama Department of Forensic Sciences.
Cross-examination of the arresting and testing officers is key. To successfully defend you against the DUI charge, we need to find out whether the officer was properly trained to administer the tests, if that training complied with applicable standards, and whether proper testing protocol was followed in conducting the tests. Deviations from these standards can result in the suppression of test results entirely or at the very least, creation of reasonable doubt.
Whether you are facing your first DUI charge or you have been convicted before, your personal and professional life can be significantly impacted.
For more information or to schedule an appointment, please contact us.

ALEA Administrative Hearing Lawyer

Automatic Suspension of Your License

Under Alabama law, your right to operate a vehicle can be administratively suspended by the Alabama Law Enforcement Agency if you are arrested for DUI and produce a breath result of .08 or above, or if you refuse to submit to testing. While a DUI is a criminal matter, the license suspension is an administrative matter that will take effect unless you demand an administrative hearing within 10 days of your DUI arrest. At Simms & Associates, we assist our clients by preserving their ability to drive while the DUI is pending.

Your Rights to Drive under the Law

By requesting a ALEA Administrative Hearing before the Alabama Law Enforcement Agency, we can prevent the suspension of your driving privileges. If you lose your license at that administrative hearing, you are entitled to judicial review of your suspension. We can stop your license from being suspended for DUI unless there is a conviction on that charge.

Benefits of Keeping Your License

You do have the right to drive following your DUI arrest. It requires a proactive approach from a knowledgeable DUI attorney to prevent an administrative driver's license suspension. Losing your license can cause you to lose your job, which can negatively affect plea negotiations with prosecutors. For more information or to schedule an appointment, please contact us.