Alabama DUI Lawyer Blog

Drivers in Birmingham, Montgomery, Huntsville and surrounding areas across Alabama have no doubt noticed a marked increase in drunk driving patrols lately. DUI sobriety checkpoints have also begun to crop up throughout the state in the days preceding the Labor Day weekend. Checkpoints, also known as sobriety roadblocks, are used by local and state police as a way to lower the number of alcohol-related traffic accidents and fatalities on our state highways and surface streets.

As a Birmingham DUI defense lawyer, I often alert motorists to these checkpoints because of the higher number of driving while intoxicated arrests in certain areas. By law, state, county and municipal arms of law enforcement can only set up checkpoints in locations that have a statistically high incidence of people driving under the influence of alcohol.

Part of a nationwide campaign, the Huntsville police DUI task force began its "Drunk Driving. Over the Limit, Under Arrest" initiative last Friday in order to crack down on impaired driving. The campaign will continue through September 7. According to new reports, local police will join Alabama State Troopers, Madison County Sheriff's Office and Madison, New Hope, Owens Cross Roads and Gurley police departments to identify and arrest drunk drivers.

Standard procedure at sobriety checkpoints includes police giving standardized field sobriety tests to drivers that appear to be intoxicated. If the officer is satisfied that an individual operating a vehicle is possibly drunk, a Breathalyzer test will usually be administered to determine the blood alcohol content (BAC) of that driver.

Some of the announced sobriety checkpoint locations will be set up along the following roads in the Huntsville area: Drake Avenue, Jordan Lane, University Drive, Bob Wallace Avenue, Bailey Cove Road, Andrew Jackson Way, Sparkman Drive, Pulaski Pike and Cecil Ashburn Drive. There will likely be other, as yet unannounced locations, appearing throughout Alabama over the coming weekend.

Huntsville police start two-week DUI enforcement campaign today, AL.com, August 21, 2009

As a Birmingham, Alabama, drunk driving lawyer, I have defended many clients charged with a DUI-related fatality. Because everyone deserves a proper defense under the law, I am ready to act in these individual’s best interests. At the same time, I must question some driver’s decision-making abilities whenever they mix alcohol and automobiles.

If there is one thing I always tell friends and neighbors alike, when it comes to drunk driving and other DUI violations, please don't make things worse on yourself by pulling another person in on your mistake. Sure, other grownups are fully able to decide for themselves if they want to ride with someone who is obviously intoxicated, but a youngster, that’s pushing the limits of personal responsibility.

Here in Birmingham, and across Alabama, my lawfirm represents numerous clients who have been charged with a wide range of drunk driving offenses, not to mention driving under the influence of prescription or illegal drugs. Some of these folks are out-of-towners who got caught up in the moment and were pulled over by an Alabama state patrolman or municipal law enforcement office. A recent news story points up the tragedy of driving drunk with a minor child in the car, or in this case on ON THE CAR!

According to news reports, a man traveling through DeKalb County was recently taken into custody by Fort Payne police and is awaiting extradition to Whitley County, Kentucky, where he will be tried for a drunk driving fatality in early July. James Harold Jones, of Fort Payne, AL, faces charges of reckless homicide and driving on a DUI suspended license in that state.

The incident that triggered Jones’ arrest occurred on July 4 when the man’s 13-year-old niece, who was reportedly riding on the trunk of his vehicle, fell off the car and hit her head on the pavement. Hailee Martin was taken by helicopter to the University of Tennessee Medical Center for treatment of head trauma. A few days later she died from injuries sustained in the accident.

Almost a month later, Fort Payne police contacted the Kentucky State Police after verifying that Jones was, in fact, the man listed on the National Crime Information Center database. He was arrested without incident here in Alabama.

It goes without saying that anyone arrested for or charged with DUI, driving under the influence of drugs, or breath test refusal should immediately contact an experienced drunk driving attorney to better understand his or her rights. Remember, drunk driving convictions can be damaging to your future, so don't take chances with yours.

Uncle arrested for death of teen, TheTimesTribune.com, August 6, 2009

Law enforcement authorities in the Montgomery area and across Alabama logged numerous DUI arrests and noted a significant reduction in fatal car accidents during the recent “Take Back Our Highways” safety campaign that ended this past July 31. As a Birmingham drunk driving defense lawyer, I commend local and state police for their efforts. At the same time, I worry that some of those 185 driving while intoxicated arrests may not have been “by the book” or based on good evidence.

The drunk driving and traffic offense crackdown, which was in effect for the last week in July, resulted in more than 16,000 tickets being issued to motorists across the state. In my experience, not every ticket, summons or arrest can stand up in a court of law. For those drivers accused of driving under the influence of alcohol, many factors can affect the veracity of the prosecution’s evidence.

For instance, breathalyzer testing equipment must be maintained correctly, otherwise the results can be erroneous to the point of being meaningless during a trial. And even if the machine is working correctly, the factors affecting blood alcohol content, or BAC, can vary widely, and from one individual to the next. Don’t assume that because the machine said you were legally drunk that it will stand up in court.

In fact, the prosecutor in charge of your DUI case may bring up a number of points in an effort to prove that you were operating your car or truck in an intoxicated state. Factors such as the “odor” of alcohol on the breath, erratic driving, a disheveled appearance or “acting” as if drunk, exhibiting poor field sobriety test (FST) performance, plus the results of a breath or blood alcohol (BAC) test. All of these are ways in which prosecutors try to influence the court to make a guilty judgment against you.

But what the prosecution tends not to mention and hardly ever bothers to point out is that each of these "evidence" types are ambiguous and subject to a variety of interpretation. Furthermore, they are often unreliable and result in faulty assumptions.

This is why you need to rely on an experienced Alabama DUI defense attorney. A qualified drunk driving lawyer will call into question each of these erroneous types of so-called evidence. I know my way around a courtroom and I know the way prosecutors go after alleged DUI offenders. Don’t take a drunk driving arrest or summons lightly. Contact an attorney that can fight aggressively for you.

Fewer fatalities during 'Take Back Our Highways' campaign, WAFF.com, August 4, 2009

Some folks just make things difficult for themselves, which, in a way, is why DUI defense lawyers are here to help. As a drunk driving defense attorney based in Birmingham, AL, I’ve represented my share of tough driving while intoxicated cases. With my vast experience in defending clients accused with driving under the influence of alcohol or drugs in Alabama, I understand the way the prosecution typically handles such cases, and that’s important to my clients.

Recently, two men -- who were ultimately caught and charged with drug DUI and a litany of other drug possession offenses -- led police on a high-speed car chase through northeastern Alabama. It all began just before 10pm after police arrived at the scene of a separate traffic accident on Dean Road in DeKalb County.

According to police, one of the suspects, 39-year-old Phil Harris Bryant, was allegedly involved in that first accident, but that man left the scene after being picked up in a Pontiac Bonneville driven by the second suspect, Stephen Crane Alexander, 45. An as yet unnamed woman was also traveling with Alexander as a passenger, according to news reports.

Not long after, Fort Payne officers stopped Alexander’s Pontiac. The police reportedly removed Alexander from the vehicle and attempted to arrest him on suspicion of DUI and violation of narcotics law, but Alexander apparently broke away from them. Officers used a Taser on the man, but Alexander still was able to get back into his vehicle and leave the scene with the other two passengers aboard.

The police gave chase at speeds occasionally exceeding 100mph heading into Cherokee County. During the pursuit, police observed objects -- possibly narcotics and drug paraphernalia -- allegedly being thrown from the vehicle. The chase covered about 20 miles and lasted for about 15 minutes.

The chase ended when the suspects’ vehicle hit a tree in Menlo, GA. Bryant had already jumped from the vehicle during the chase and was picked up by the police. The driver and the other passenger fled on foot after the crash, but Alexander was caught soon after. The woman remains at large, though police have a warrant for her arrest.

Police charged Alexander with DUI of a controlled substance, resisting arrest, reckless endangerment and unlawful possession of a controlled substance. Bryant was charged with unlawful possession of a controlled substance and possession of drug paraphernalia.

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