How Long Do Drug Related DUI Cases Typically Last?
Drug Related DUI cases last a minimum of six months. Actual court cases can last anywhere from three months to three years, depending on how long you fight and the facts of the individual case.
Does the Record Show if the DUI was Alcohol or Drug Related?
Your record notes that you were convicted of a DUI. However, there wouldn’t be any distinguishing between the two unless you were also charged with drug possession.
Your employers probably wouldn’t find out about the DUI during the pendency of the case. However, this depends on your job. If you were a commercial truck driver, if you had a company policy that required you to report, or if you had a company policy that allowed them to run background checks, then your employer could find out about the DUI conviction.
If I Were Arrested for a Drug Related DUI, Would I Have to Attend the DMV Hearing?
There isn’t an administrative suspension for a drug related DUI. The administrative law in Alabama involves your blood-alcohol level or your refusal to submit to a chemical test.
In this field, if they ask you to take an alcohol breath test because they thought that you were under the influence of alcohol, and you also refused, then you could have the administrative suspension. However, if they stated initially you were under the influence of marijuana, then you wouldn’t have an administrative suspension.
If I Get Arrested for a Drug Related DUI, What Will Happen at the Initial Arraignment?
For a DUI, you won’t necessarily have an arraignment. It would simply involve showing up in a municipal court or district court.
Often in Alabama, they set these cases for a trial docket. Then, they subpoena the police officer that arrested you to attend.
However, most municipalities and district courts in Alabama set it on a pre-trial docket. You or your lawyer enter and talk to the district attorney, or the prosecutor. They show your attorney the evidence they will put on at trial. Then, they offer some sort of plea bargain.
You and your attorney can make counter arguments about the evidence at trial, with what you might have at your disposal, and with what you can testify to. This could change the result of the plea negotiations in your favor.
If you can’t work out a plea bargain, then usually the case will be set for trial about six to eight weeks later. Then, you come back and the police officer is subpoenaed. If the police officer shows up for trial, a trial occurs; unless you plead guilty or try to work out a plea agreement.
What if I was An Out-of-State Resident Arrested on Drug Related DUI Charges in Alabama?
In most cases, they will charge you with possession of marijuana before they charge you with a DUI, unless alcohol is involved
The police are a bit wary of everyday run-of-the-mill bags of marijuana. They usually will not try to charge you with driving under the influence. They know the difficulty they’ll have trying to prove the DUI in court, but they will charge you with possession, anyway.
In this case, you will be summoned; you’ll have to go to jail; you’ll have to bond out; and a condition of that bond would bring you back to court.
If you don’t show up in court, they issue a warrant. If you are convicted, Alabama suspends your driver’s license for six months. They then notify your home state about your license suspension via a law called Interstate Compact. All 50 states apply, and they suspend licenses in accordance with the other state’s requirements.
If you were from Tennessee, and Alabama notified Tennessee that they suspended your license for six months, Tennessee would follow suit and officially suspend your licenses. After all, in this case, Alabama doesn’t have the authority to suspend your Tennessee driver’s license.
For more information on Timeframe of Resolution for a Drug Related DUI, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (205) 871-9990 today.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990