Are There Loopholes in DUI Laws in Alabama?

According to Mothers of Drunk Driving (MADD), which is an organization that combats against drunk drivers, there are loopholes in DUI laws that help offenders avoid having to have an ignition interlock device installed in their automobile.

When a person is arrested and charged with DUI, they face various consequences depending on what their BAC level is and whether they caused injuries or a death. One common consequence a DUI offender in Birmingham, AL will likely face after being charged is having to get an ignition interlock device placed inside their vehicle.

What is an ignition interlock device?

It is a device that prevents a vehicle from starting if it determined that a driver has been drinking alcohol. How does this device determine this? It has a built-in breathalyzer that measures how much alcohol is in a person’s system. If alcohol is detected, the car won’t start. Courts generally require that a defendant agrees to have one of these devices placed inside their vehicle so they can regain some of their driving privileges back. And while the ignition interlock device requires a driver to blow into the machine before it allows the vehicle to start, it will require the driver to blow into it at random periods to ensure they don’t blow into it, start their car, and then go have a drink.

[Source: Life Safer].

But, according to MADD, there is a loophole in Alabama’s laws that allow DUI offenders to get around having to install an ignition interlock device into their automobile. While some individuals manage to go into court diversion programs, others get their charges reduced to “reckless driving.” In return, they aren’t faced with the consequence of having to submit to using this device.

What is a diversion program?

Diversion programs vary based on the degree of a charge and generally serve as an alternative consequence to the one that is usually given when someone is arrested for drunk driving. In some cases, a judge may not offer an offender to take part in one. However, if a DUI offender is given the opportunity to participate in a diversion program as opposed to having to have an ignition device interlock device put into their vehicle, they might agree to the terms of the program. One type of program might require that the defendant is monitored for a certain number of months. Other features of the program might require that the defendant also take courses that address their alcohol addiction or other issues that have led to them driving while drunk.

Aside from recommendations from the court, a Birmingham, AL DUI attorney may also offer some possibilities in terms of what should be completed on part of the defendant to avoid having to have their driving monitored by a device.

Are you currently facing a DUI charge in Birmingham, AL?

There are many ways in which a drunk driving case could go and many alternatives to jail, probation, and even having an ignition interlock device installed in your car. If you are currently facing a charge of driving while under the influence in Birmingham, AL, USAttorneys.com will work with you and help you locate a nearby DUI defense attorney to represent you. You never want to go into a court case without representation so be sure you give us a call today to ensure you have the help and support you need right now.