Is a DUI a felony in Alabama?
Full Question:
If you get a DUI in Mobile, AL and do not blow. Is it automatically a felony? I was told it was and not just a misdemeanor?
12/01/2007 |
Category: Criminal |
State: Alabama |
#13169
Answer:
The following is an Alabama statute:
§ 32-5-192. Implied consent; when tests administered; suspension of
license or permit to drive, etc., for refusal to submit to
test.
(a) Any person who operates a motor vehicle upon the public
highways of this state shall be deemed to have given his
consent, subject to the provisions of this division, to a
chemical test or tests of his blood, breath or urine for the
purpose of determining the alcoholic content of his blood if
lawfully arrested for any offense arising out of acts alleged
to have been committed while the person was driving a motor
vehicle on the public highways of this state while under the
influence of intoxicating liquor. The test or tests shall be
administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been
driving a motor vehicle upon the public highways of this state
while under the influence of intoxicating liquor. The law
enforcement agency by which such officer is employed shall
designate which of the aforesaid tests shall be administered.
Such person shall be told that his failure to submit to such a
chemical test will result in the suspension of his privilege to
operate a motor vehicle for a period of 90 days; provided if
such person objects to a blood test, the law enforcement agency
shall designate that one of the other aforesaid tests be
administered.
(b) Any person who is dead, unconscious or who is otherwise
in a condition rendering him incapable of refusal, shall be
deemed not to have withdrawn the consent provided by subsection
(a) of this section and the test or tests may be administered,
subject to the provisions of this division.
(c) If a person under arrest refuses upon the request of a
law enforcement officer to submit to a chemical test designated
by the law enforcement agency as provided in subsection (a) of
this section, none shall be given, but the director of public
safety, upon the receipt of a sworn report of the law
enforcement officer that he had reasonable grounds to believe
the arrested person had been driving a motor vehicle upon the
public highways of this state while under the influence of
intoxicating liquor and that the person had refused to submit
to the test upon the request of the law enforcement officer,
shall, on the first refusal, suspend his license or permit to
drive, or the privilege of driving a motor vehicle on the
highways of this state given to a nonresident; or if the person
is a resident without a license or permit to operate a motor
vehicle in this state, the director shall deny to the person
the issuance of a license or permit, for a period of 90 days,
subject to review as hereinafter provided. For a second or
subsequent refusal of such test within a five-year period, the
director, upon said receipt of a sworn report, shall suspend
his license or permit to drive, or the privilege of driving a
motor vehicle on the highways of this state given to a
nonresident for a period of one year; or if the person is a
resident without a license or permit to operate a motor vehicle
in this state, the director shall deny to the person the
issuance of a license or permit, for a period of one year
subject to review as hereinafter provided. If such person is
acquitted on the charge of driving a motor vehicle upon the
highways of this state while under the influence of
intoxicating liquor, then in that event the director of public
safety may, in his discretion, reduce said period of
suspension.
(d) Upon suspending the license or permit to drive or the
privilege of driving a motor vehicle on the highways of this
state given to a nonresident or any person, or upon determining
that the issuance of a license or permit shall be denied to the
person, as hereinbefore in this section directed, the director
of public safety or his duly authorized agent shall immediately
notify the person in writing and upon his request shall afford
him an opportunity for a hearing in the same manner and under
the same conditions as is provided in section 32-6-16, for
notification and hearings in the cases of suspension of
licenses; except, that the scope of such a hearing for the
purposes of this section shall cover the issues of whether a
law enforcement officer had reasonable grounds to believe the
person had been driving a motor vehicle upon the public
highways of this state while under the influence of
intoxicating liquor, whether the person was placed under
arrest, and whether he refused to submit to the test upon
request of the officer. Whether the person was informed that
his privilege to drive would be suspended or denied if he
refused to submit to the test shall not be an issue. The
director of public safety shall order that the suspension or
determination that there should be a denial of issuance either
be rescinded or sustained.
(e) If the suspension or determination that there should be a
denial of issuance is sustained by the director of public
safety or his authorized agent upon such hearing, the person
whose license or permit to drive or nonresident operating
privilege has been suspended or to whom a license or permit is
denied, under the provisions of this section, shall have the
right to file a petition in the appropriate court to review the
final order of suspension or denial by the director or his duly
authorized agent in the same manner and under the same
conditions as is provided in section 32-6-16 in the cases of
suspensions and denials.
(f) When it has been finally determined under the procedures
of this section that a nonresident's privilege to operate a
motor vehicle in this state has been suspended the director
shall give information in writing of the action taken to the
motor vehicle administrator of the state of the person's
residence and of any state in which he has a license.