Drug DUI Lawyer in Huntsville, AL

In Alabama, driving a vehicle under the influence of a controlled substance is a criminal offense. The state treats this crime just like drunk driving and pursues similar criminal penalties. If you are convicted of driving under the influence (DUI), you could be sentenced to jail and have to pay hefty fines. Convictions also result in license suspensions and the required use of interlock ignition devices (IID).

Have you been arrested for driving under the influence of drugs? Contact Ward Law. We have the answers to your pressing questions and can provide the guidance and advocacy you need as you move through the criminal process. Our Huntsville drug DUI attorney, Frank Ward, has represented individuals in cases like yours for 18+ years. With his experience, focus on DUI law, and drive to do what is best for clients, you can turn to him confidently. 

Facing drug DUI charges? Don’t navigate the legal process alone. Contact us today at (256) 578-7729 for a free consultation and let our experienced team help you build a strong defense.

Understanding the Penalties for Drug DUI in Alabama

A conviction for driving under the influence of drugs will generally result in penalties similar to those for drunk driving. 

The penalties for a first offense include:

• Fines between $600 and $2,100
• Up to a year of imprisonment
• A 90-day license suspension 

The penalties for a second offense include:

• Fines between $1,100 and $5,100
• Up to a year of imprisonment
• A year-long license suspension

The penalties for a third offense include:

• Fines between $2,100 and $10,100
• Up to a year of imprisonment 
• A three-year-long license suspension 

A fourth conviction for driving under the influence of alcohol or drugs within ten years is a felony offense. Also, if you have ever been convicted of a felony DUI, no matter how old, a new DUI charge will be treated as a felony. The penalties for felony DUI include fines between $4,100 and $10,100, anywhere from one to ten years of imprisonment, and a five-year license suspension. 

Field Sobriety Tests for Drug DUI

Field sobriety tests are commonly used by law enforcement to assess whether a driver is impaired by drugs. These tests, often conducted during a roadside stop, aim to measure a person's physical and mental coordination.

• How Field Sobriety Tests Work
  When an officer suspects that a driver is under the influence of drugs, they may ask the individual to perform several tests. Common tests include:
  • The Horizontal Gaze Nystagmus (HGN) test, which checks for involuntary eye jerking that can indicate impairment.
  • Walk and Turn test, where the driver must walk a straight line and then turn.
  • One-Leg Stand test, which requires the driver to stand on one leg without losing balance.
• Behavioral Cues for Drug Impairment
  Officers may also look for behavioral cues to determine drug impairment. These cues can include:
  • Slurred speech
  • Dilated or constricted pupils
  • Erratic behavior or movements
  • Slow or overly fast responses
• Validity of Field Sobriety Tests for Drug DUI
  While field sobriety tests are a standard procedure for alcohol-related DUIs, they are not as reliable for drug DUIs. Unlike alcohol, which has predictable effects on coordination, drugs can impair individuals in many different ways. For instance, someone might be under the influence of prescription medication but still perform adequately on a sobriety test. Additionally, other factors like medical conditions or fatigue can affect a person's ability to perform these tests, making the results less conclusive.

Drug DUI and Commercial Drivers

Commercial drivers, such as truckers or delivery drivers, face additional consequences when arrested for a drug DUI.

• Additional Penalties for Commercial Drivers
  If a commercial driver is caught driving under the influence of drugs, they face steeper penalties than non-commercial drivers. These can include:
  • Higher fines
  • Longer license suspensions
  • Mandatory drug and alcohol rehabilitation programs
• Impact on a Commercial Driver’s Career
  A drug DUI conviction can have serious consequences for a commercial driver's career:
  • Loss of their Commercial Driver's License (CDL) for a period or even permanently
  • Inability to work in certain industries
  • Potential loss of livelihood, as many jobs rely on a clean driving record
• Special Regulations for CDL Drivers
  CDL drivers are subject to stricter laws when it comes to drug impairment. For example, even having a small amount of a controlled substance in their system can result in a DUI conviction, regardless of whether the driver shows any signs of impairment. These regulations ensure that commercial drivers maintain a higher standard of care on the road.

Drug DUI and Refusal to Take a Test

When arrested for a drug DUI, a driver may be asked to take a drug test to determine their impairment. However, refusing to take a test can have serious consequences.

• Penalties for Refusal
  In Alabama, refusing to take a drug test during a DUI arrest can lead to severe penalties:
  • Automatic suspension of your driver’s license for a period, often up to one year.
  • Additional fines.
  • The refusal can be used against you in court, making it more difficult to defend your case.
• How Refusal Impacts Your Case
  While refusing a drug test may seem like a way to avoid providing evidence of drug impairment, it often hurts a defendant's case:
  • Prosecutors can argue that your refusal implies guilt.
  • A refusal to comply may be seen as an attempt to hide evidence.

In some cases, a refusal might be justified if you believe the test is inaccurate or improper. However, in most situations, submitting to a test provides an opportunity to challenge the evidence and weaken the prosecution’s case. Working with an experienced attorney is crucial in making this decision.

Accused of drug DUI in Huntsville, AL? Contact us now at (256) 578-7729 for experienced legal guidance and ensure your rights are protected throughout the case.