Alabama DUI Lawyer Blog

Drinking and driving is frowned upon here in Alabama, as well as out of state. Residents of Birmingham, Montgomery and other Eastern Alabama towns should take additional steps to observe all DUI laws during the upcoming summer holidays. Especially if you are considering heading east for the Fourth of July holiday, be extra careful while traveling to your out-of-state destination because drunk driving police patrols will be highly active in Georgia for then next week or so.

According to recent news stories, out-of-state law enforcement has launched a major crackdown on drivers who flout the DUI laws in the counties and municipalities just across the Alabama state line. Aimed at people who drive impaired due to the consumption of alcohol, Georgia’s "Operation Zero Tolerance" is currently in effect to get dangerous drivers off the roads, as well as to raise awareness about the deadly consequences of drunk driving.

When it comes to driving under the influence of alcohol, the Fourth of July holiday is reportedly the second most dagerous time to be on the road -- New Years Eve is number one. Because of this, sobriety checkpoints and heightened enforcement will be standard operating procedure on the east side of the Alabama border in the coming days.

This campaign is part of that state’s "100 Days of Summer Heat," which runs through the Labor Day holiday. Police officers, deputies and state troopers will be on patrol not only during the coming Independence Day holiday, but all summer long. As a Birmingham DUI defense lawyer, I have seen the trouble visitors from out of state have to go through when arrested for drunk driving away from home. Not only are the drunk driving fines and court costs significant, but the lost time from work -- necessary to appear in an out-of-state court -- will take a big bite out of a person’s income.

And then there's the added cost of increased insurance premiums and possible job loss if a person also happens to hold a commercial driver’s license. Frankly, it’s not worth the indiscretion of having one too many during that family reunion or night out on the town.

Keep your head on straight and you won’t need the services of a drunk driving specialist such as myself. But if you do get stopped for DUI or breath test refusal in Alabama, you should definitely contact a skilled legal professional who knows the law and will fight aggressively for your individual rights.

Police Launch Summer DUI Crackdown, MyFoxAtlanta.com, June 19, 2009

Fact: Alabama is one of only three states that don’t yet require ignition interlocks for convicted DUI offenders. Although the other 47 states in the Union have some type of drunk driving laws on the books that call for ignition interlocks for repeat drunk driving offenders, we still do not. Could this change? You bet.

More and more, these breath testing devices have become popular with courts and legislators around the country. Backed by groups such as Mothers Against Drunk Driving (MADD), 11 states now make the installation of an ignition interlock mandatory on the vehicles belonging to anyone convicted of a DUI, including first-time offenders. Hawaii was number 11. MADD has been lobbying hard for the past three years to have all 50 states require the devices for every driver convicted of operating a vehicle under the influence of alcohol.

For use, iginition interlocks are wired into a car's electrical system. Before the car can be started, the driver must blow into a plastic tube attached to the unit -- just like a breathalyzer. If the device detects a blood alcohol content above (typically) 0.025 percent, the car will not start. The units also require random retests, which supposedly prohibits a drunk driver from having a sober person blow into the device to start the car, then getting in and driving off.

Interlocks usually cost about $75 to install, while the driver must pay a similar amount every month after that while the device is attached to the car. The unit must also be recalibrated every couple months or the vehicle will shut down.

Many states have used ignition interlocks as a part of their sentencing for years now. Some states, like Kansas, have seen the number of ignition interlock installations increase as that state’s legislature has kept tightening its DUI laws. According to reports, Kansas has had a 45-percent increase in the number of interlocks installed due to DUI convictions from a year ago.

The push around the country is to help prevent repeat DUI offenses. Do they work? Apparently so, if you believe the information coming from proponents of the devices. According to a MADD spokesperson, ever since New Mexico enacted its interlock laws in 2002, the rate of drunk drivers re-offending in that particular state has decreased by 65 percent.

Are we next? All I can say is that Alabama is one of the lone holdouts, joined by Vermont and South Dakota. These three states are yet to have ignition interlocks written into their drunk driving laws.

As an Alabama DUI defense attorney based in Birmingham, I can tell you that a drunk driving conviction, even for a first-time offense, will most certainly be costly and can often be detrimental to both your career and your private life. Having a mandatory ignition interlock as an added condition of one’s sentence for a DUI offense would only compound the inconvenience and stigma of a conviction. This is why I constantly encourage people accused of driving under the influence to seek a qualified drunk driving lawyer for their defense.

There’s no telling how soon we might see similar legislation in our own backyard, but with the success MADD has had to date, Alabama drivers could see ignition interlocks sooner than later.

Legislature breathes life into revision of Kansas DUI law, LJWorld.com, June 15, 2009

Arrested for DUI in Birmingham or Mongomery, Huntsville or even Dothan? Why even hire a drunk driving defense attorney now that you're caught? Maybe you were recently pulled over for DUI or received a summons for being intoxicated while sitting in your parked car. Were you drunk? Perhaps. Was a charge of drunk driving really warranted? Maybe, and maybe not. Just like any other aspect of the law, not every DUI case is completely cut and dried.

As a Birmingham DUI defense attorney, many of the clients I see feel they were unjustly accused. While some may have broken the law, they also understand the consequences of a DUI conviction and want to try to improve the outcome. But it’s the people I don’t see that I worry about most -- the folks that believe they “deserved” it or that there is no way to fight the charge. That’s just plain wrong thinking.

One thing that makes people believe the state has a solid case against them is the results of a breath test. You should know that blowing a reading over the legal limit -- more than 0.08 percent blood alcohol content (BAC) -- does not automatically mean you will be convicted of a DUI charge. So don’t simply think you are out of luck because the Breathalyzer registered a high BAC.

There are several factors that affect your BAC, and there are also a number of other things that can influence the final Breathalyzer reading. Every experienced drunk driving defense lawyer worth his salt should know the how a Breathalyzer works, how it should be maintained and how a law enforcement office should use it to measure a driver’s BAC.

For instance, many people don’t realize that a breath-testing machine can often mistake other chemicals for alcohol. Also, burping, hiccupping or vomiting can cause the device to have an incorrect BAC reading. The reason is that a Breathalyzer is designed to measure the amount of alcohol coming from your lungs. If you burp, hiccup or vomit prior to the test, any alcohol in your stomach can travel to your mouth, something called "mouth alcohol," which can then cause the machine to return a distorted BAC reading.

This is just one example of why you should always consult a DUI defense lawyer if you are charged with drunk driving. The consequences are far too serious not to fight for your day in court.

Drunk drivers across Alabama can perhaps count themselves lucky during the last two weeks in May, as only seven DUI arrests were made out of the more than 270 violations logged by law enforcement during the “Click It or Ticket” Memorial Day safety campaign.

As a Birmingham DUI defense lawyer for people charged with driving under the influence, I am surprised at this low number of drunk driving arrests, but I also remind people that sobriety checkpoints and other methods of DUI enforcement are used by the police every week somewhere around this state.

In addition to the DUIs, citations were written by local and state police for a number of other offenses. According to reports, these included two dozen license violations, 20 cases of speeding, 50 auto insurance offenses, 30 people driving on a revoked or suspended license, nine arrests for drug use or possession, 10 violations of child restraint laws, and 28 seatbelt usage offenses.

Driving while intoxicated is looked upon very dimly by society and the law, but there is no reason to accept a charge of driving under the influence of alcohol. You can fight it in court, and I have defended many people who thought a DUI conviction was a certainty. It’s not and you must protect your rights.

Why? Because many times a persuasive prosecutor looking for a fast resolution can convince a person that pleading guilty without a trial is the best avenue. Especially for a first-time DUI offense it might even seem like a good deal. This couldn’t further from the truth. A guilty plea doesn’t make the charge go away, it only cements it into your record.

The consequences can be severe. For some people their job or standing in the community could be jeopardized as a result of a DUI conviction. If you have a commercial driver’s license, it’s very possible that you could lose your job. And the monetary penalties are only the first of many costs a person may experience over time. Consider that insurance companies will immediately raise your premiums to levels that may become a burden to you and your family.

These are a few reasons why you need an experienced DUI defense attorney with a successful track record -- someone who knows the law and can defend your case well, by investigating the pertinent facts and studying the scientific evidence to create a tough and aggressive defense. If you find yourself charged with a DUI or refusal to submit to a breath test, I highly recommend that you contact a qualified legal professional.

Officers write 274 tickets during blitz, DailyHome.com, June 2, 2009