Thursday, January 11, 2007
Alabama has two theories in which a person can be prosecuted for a DUI/DWI. First, a DUI charge can be brought against someone who is considered "under the influence" of alcohol or drugs. A person is considered “under the influence” if a person’s physical or mental capabilities are impaired by drugs or alcohol to render that person unsafe to drive. Second, a DUI prosecution in Alabama can be based on Alabama’s per se laws, which makes it illegal to drive with a blood alcohol content (BAC) of .08% or higher. A charge of this type is based solely on body chemistry and can be brought regardless of whether or not a person’s ability to drive a vehicle is impaired by alcohol.In Alabama, the law does not require that a person charged with a DUI was actually driving the car. Instead, Alabama only requires that the person charged was in “actual physical control” of the vehicle, which means being in the car and having the present ability to move, park or direct whatever use is to be made of the vehicle at the moment.