Alabama DUI Lawyer Blog

A recently passed state law could see a rise in the number of drunk driving arrests in Birmingham and elsewhere in Alabama. Driving under the influence of alcohol, or DUI, offenses might pop now that legislation signed into law last Friday has increased the limit on alcohol content in beer from six percent to 13.9 percent.

Governor Bob Riley put the new law on the books May 22, making specialty and imported beers legal for purchase in Alabama. Previously, this state had the nation's lowest alcohol limit on beer. Passage of this new law raises the question of whether drunk driving arrests will increase. Police seem to think so, which could foreshadow an increase in the amount of enforcement during the summer months and into the future.

Don't be caught off guard by the effects of high alcohol content beer says the law enforcement community. As one officer on the Huntsville Police Department's DUI task force was quoted, "With the higher alcohol content, almost twice the old level of alcohol in those beverages, they're going to get drunk twice as fast." Sounds like the cops may be gearing up for more DUI stops.

As a Birmingham DUI defense lawyer, I have seen what happens with overzealous traffic enforcement techniques, such as DUI roadblocks. Could this new law possibly be the beginning of a trend toward increased drunk driving patrols on Alabama roads? Maybe, maybe not. There is the argument that people will not be getting more drunk or drunk quicker than usual on gourmet beers.

As one bar owner commented, specialty beers are also full-bodied beverages and therefore more filling to begin with. "(Patrons) are just not going to drink as many. It's not because of the alcohol, but because the gourmet beers are heavily-bodied beers," said Connell Allen, who owns a tavern in Huntsville.

The new beer bill was pushed by a grassroots group called "Free the Hops." Daniel Roberts, a Huntsville resident and member of the group told reporters that thought the bill's passage was a little surprising. "We knew it was going to happen. We kind of expected it to happen. It was kind of like a big reaction as in wow, the five years we put into it, actually did pay off," said Daniel Roberts.

Only time will tell whether this new law actually causes a rise in drunk driving. But no matter what, if you are arrested or issued a summons for DUI, you should make certain that you contact a qualified attorney skilled in drunk driving defense to handle your case.

Stronger Beer Sales Allowed In Alabama, WHNT.com, May 22, 2009

A crackdown on driving under the influence of alcohol will be just one type of traffic offense targeted during Alabama’s “Click It or Ticket” campaign this month. Look for increased police presence in Huntsville and surrounding areas, as law enforcement authorities engage in a concerted effort now through the end of this month to enforce traffic laws and reduce injuries. One of the methods that officers will use during this time is the DUI checkpoint.

DUI checkpoints, also known as sobriety roadblocks, will be manned by uniformed officers from all three police precincts, all of whom will be on the lookout for intoxicated drivers. The checkpoints will typically be located in areas where statistically high levels of traffic accidents and/or traffic offenses have been observed in the past. According to authorities, the Special Operations Division will be announcing specific DUI checkpoints throughout Huntsville, as well as utilizing “enhanced radar enforcement” by the Traffic Task Force to remind motorists to slow down and buckle up.

In addition to DUI, other violations being targeted are speeding, following too close, no seat belt, failure to yield right of way and running red lights.

This campaign is funded annually by the North Alabama Traffic Safety Office (NATSO) and includes strong public service announcements. According to the NATSO, campaigns such as "Click it or Ticket" have played an important role in educating motorists and reducing accidents. The federal grants paid by NATSO have placed officers on the street enforcing traffic laws which would not have been possible otherwise.

The police typically use field sobriety tests as well as breathalyzer testing equipment to determine a driver's blood alcohol content (BAC) at DUI checkpoints. As an Alabama DUI Defense Attorney, I advise those persons who have been arrested or issued a DUI summons as a direct result of drunk driving roadblock to retain the services of a skilled legal professional. Eversole Law is at your service and ready to protect your rights in court.

Huntsville Police Announce "Click It Or Ticket" Safety Blitz, WHNT.com, May 18, 2009

It should come as no surpise to anyone in Alabama that a drunk driving arrest can be a life altering event. But a DUI conviction can literally turn your life upside down. Take the recent drunk driving charge against the CEO of the Lawrence Medical Center in Moulton. He’s now on administrative leave after being picked up for driving under the influence of alcohol.

Tom Dunning, 43, of Decatur was arrested last week in North Courtland for DUI and failure to yield to a stationary vehicle. According to the police report, Dunning refused a sobriety test, requiring him to stay in the Lawrence County Jail for 24 hours. He was subsequently released on $1,800 bond for the two misdemeanor charges. Reports did not say whether or not he has any previous DUI convictions.

As drunk driving arrests go, this one appears rather unremarkable, but the owners of Lawrence Medical Center don’t see it that way. Upon learning of Dunning’s arrest, they immediately put the CEO on leave. He has worked in that capacity for about two years.

These days, not only do the police have zero tolerance for driving while intoxicated, society and corporate America have next to no patience for those accused of DUI. As an experienced Birmingham DUI Attorney, my job is to help clients charged with drunk driving fight for their rights, because a drunk driving conviction on your record can ruin your personal and professional life.

Mr. Dunning’s DUI arrest has already caused him embarrassment and job complications. If convicted, not only will he have to deal with the legal penalties, such as fines and maybe jail time, but he could be looking at disciplinary measures at work, the loss of his position as CEO, and even future employment difficulties due to a DUI record.

If you or a relative has been recently charged with DUI, it is important that you retain qualified legal representation. The professional legal staff at Eversole Law is ready to defend you in a court of law.

Hospital CEO charged with DUI, TimesDaily.com, May 9, 2009

CEO on leave following DUI charge: Lawrence Hospital's CFO takes over on interim basis, Apria.com, May 8, 2009

If you, a family member or someone you know has been arrested for drunk driving in Birmingham, Alabama, or surrounding areas, the following information may be of help. Many people who get pulled over for driving while intoxicated realize that they have no true defense. As a skilled Alabama DUI Attorney, some of my clients have asked me what their options are when the police clearly had them “dead to rights.” Although this may seem like the end of the road, it may not be.

Under some circumstances it is possible to negotiate a “deferred prosecution” for an Alabama DUI charge. Using this approach, as opposed to fighting the DUI charges in court, is sometimes advisable when there are no other grounds to have your Alabama DUI charge dismissed. If a lawyer believes his client cannot prevail in a jury trial, or in situations where the client/defendant seeks to end the drunk driving nightmare as quickly and as cheaply as possible, the deferred prosecution avenue is sometimes the best choice.

In a deferred prosecution, a person who is charged with an Alabama DUI basically agrees to plead guilty. In such instances, as long as the defendant completes certain requirements (which differ slightly from one jurisdiction to the next), the drunk driving charges are dropped.

A typical Alabama DUI deferred prosecution requires the defendant to pay fines, attend alcohol abuse classes, take random drug and alcohol screenings, and complete community service. Normally the defendant will have approximately six months to complete these requirements. If the requirements are met, the prosecution dismisses the DUI charges.

This is a beneficial strategy because your permanent record is at stake. Just one DUI conviction can be devastating to an individual; it can result in the loss of a job or the end of a career, cause an increase in insurance premiums, and stay on your record forever. Deferred prosecution eliminates most of the serious and lasting consequences of an Alabama DUI charge. Deferred prosecution can be offered to those with multiple Alabama DUI convictions as well.

As an Alabama DUI lawyer, I have participated in numerous deferred prosecution negotiations. It is essential that anyone charged with a DUI in Alabama hire an experienced Alabama DUI lawyer who can get you the most attractive deal possible. Deferred prosecution is not guaranteed, nor is it offered to everyone. Unfortunately, I have seen way too many Alabama DUI defendants go to court without hiring an attorney and end up with a permanent criminal record when they would otherwise have qualified for deferred prosecution.

Alabama’s first-ever statewide crackdown on drunk drivers and other traffic offenders kicked off this past Saturday. The effort is being led by Alabama’s Department of Public Safety (DPS) and will target intoxicated drivers, as well as other traffic violations that are known by police to result in vehicle accidents. Seat belt usage will also be monitored heavily.

According to Alabama’s Public Safety Director, Colonel Chris Murphy, an additional 400 state troopers will be on heightened alert for lawbreakers through the Memorial Day weekend. For drunk drivers, the DPS will reportedly have mobile blood-alcohol testing units, nicknamed "batmobiles," located throughout the state during the May blitz.

The month-long campaign is aimed at making the state's highways safer, and officials say the crackdowns are effective. As proof that these concentrated enforcement tactics are working, the DPS recorded 967 highway deaths in 2008, the lowest number since 1985 -- in that year 892 were killed on the state's roads.

Officials at the DPS report that fully 40 percent of the 967 deaths last year involved impaired driving (including DUI), and 60 percent involved passengers who did not use seat belts but could have. "Even with those two figures, we reduced the number of fatalities by 132 from 2007," Murphy said.

For comparison, DPS records show that 1,099 people died in statewide crashes during 2007, while 1,208 people were killed in 2006. The enforcement blitzes were initiated in 2007.

The latest effort is primarily focused on curbing drunken driving and enforcing seat belt use. Major enforcement efforts have already started in both the northern and southern parts of Alabama, and will move toward the middle of the state, shifting enforcement emphasis every week. For instance, troopers may concentrate on impaired drivers in one part of the state and seat belt use in another part of the state the following week.

If you or a family member has been issued a DUI summons recently we encourage you to retain the services of a qualified Alabama DUI Attorney. The legal professionals at the Eversole Law Firm are available now to help protect your rights.

Alabama trooper blitz on bad drivers will last until Memorial Day weekend, AL.com, May 6, 2009

Ala. troopers launch first-ever statewide blitz, Fox17.com, May 6, 2009