Alabama DUI Lawyer Blog

Whether you have been arrested for driving under the influence of alcohol in Tuscaloosa, Prattville, Anniston or Opelika, a drunk driving arrest and conviction can make your life rather difficult going forward. With so much to lose, it make sense to hirie an experienced Alabama drunk driving defense attorney.

Perhaps you’ve recently been stopped for driving while intoxicated or maybe you received a summons for being drunk just sitting in your parked car. The first question you should ask yourself is: Was I drunk? Maybe yes, maybe no. It all depends. Then, consider is the DUI charge was truly warranted? Perhaps it was, but then again maybe not. Like any part of the law, DUI convictions are based on many facts, and no outcome is completely written in stone.

As a Birmingham DUI defense attorney, many of my past clients feel they were unjustly charged with drunken driving. While some of these folks may have actually broken the law, the majority of them understood that the consequences of a DUI conviction are substantial. Basically, they wanted to try and improve the outcome for themselves.

One thing that makes people believe the prosecutor’s office has a solid case against them is the reading on that ominous breath test machine. Surprisingly, if you blow a reading that is over the legal limit -- equal to or more than 0.08 percent blood alcohol content (BAC) -- it does not automatically mean you will be convicted of a DUI charge. So don’t think you are completely out of luck because a breathalyzer registered a legally drunk 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.

As a Birmingham drunk driving defense lawyer, I spend my days defending individuals accused with driving under the influence of alcohol (DUI). Many of these people are actually innocent of the charges; however the law requires that they be given the chance to argue their case in court. Being charged with driving drunk is serious, not to mention being convicted of drunken driving. This is why it is very important to emlist the services of a qualified Alabama DUI defense attorney.

For those who live pretty much hand-to-mouth, being arrested and held without bail can be devastating to their families and anyone else who relies on the support that these individuals provide. Many of the less fortunate among us are so-called illegal aliens and whatever their status, the law provides for their defense as well. Recently, an Alabama Senate committee passed a couple bills aimed at denying public benefits to illegal immigrants as well as revoking bail for felony criminals not in the country legally.

According to news accounts, the Senate Fiscal Responsibility and Accountability Committee passed the bills that were sponsored by Sen. Hinton Mitchem. Pertaining to drunk driving, one of the bills passed on February 12 mandates the denial of bail to anyone without proof of citizenship who is arrested for DUI or a felony.

Essentially, what this future law would mean to illegal immigrants arrested for driving under the influence of alcohol is if they cannot prove U.S. citizenship at the time of arrest, then you will be denied bail. The thinking is that such individuals should not be released into the local community while a DUI trial is pending.

Only time will tell if these bills become law, after which it could become an added burden on those innocent of any DUI-related arrest and in turn only hurting the families and others who rely on these people during this difficult time of worldwide economic uncertainty.

Committee passes Mitchem’s bills, SandMountainReporter.com, February 13, 2010

It’s no secret that defending against drunken driving charges can be costly. However, not getting the proper defense can be just as expensive, and not simply in financial terms, but also the restricted lifestyle that a DUI conviction can cause. As a Birmingham drunk driving defense attorney, I can say without hesitation that court fines and fees coupled with increased insurance premiums following a conviction for driving under the influence of alcohol can add up to a substantial hit on one’s wallet.

Add to these economic penalties the possible loss of driving privileges and potential impact on person’s job and future earning potential, and you have a perfect example of why hiring an experienced DUI lawyer can be priceless. Wherever you live or work, be it Montgomery, Prattville, Anniston or Opelika, the most important step is to avoid drinking and driving in the first place.

The reason for this is simple: Being pulled over for DUI is one thing, but being arrested for hurting or killing another person as a result of drunk driving is a whole other story. Not long ago, an Alabama man charged with DUI-related vehicular homicide asked the court for thousands of dollars in public money to assist in his defense -- at the time of the news report, the judge was still considering the request.

The history of this case goes back to the summer of 2007. According to reports, 21-year-old John Waldrop John Waldrop is accused of hitting and killing Amanda Larpenter, 22, of Gray, LA. The Mobile man has been jailed since his arrest back in July of that year since he could not come up with the $1 million bond.

During a recent hearing, Waldrop told the judge in the case that he had no money to pay for three experts the defense claims it needs to counter the testimony expected from the state’s witnesses. Based on news articles, the former shipyard repairman testified that his grandparents in Mobile already had spent about $12,000 -- taken from a checking account he shared with his grandmother and by selling a truck and motorcycle.

Each of the three experts is reportedly qualified in a field related to the case, including car-wreck reconstruction, field sobriety tests and alcohol breath-test machines. Those expert witnesses reportedly would charge in the neighborhood of $200 or more per hour, with each logging an expected 10 hours of work.

Last June, Waldrop unexpectedly refused a deal for 15 years in prison in exchange for a guilty plea. If convicted on the vehicular homicide charge, the man could receive between five and 30 years in prison and be fined between $2,000 and $15,000.

Defendant asks courts for defense money, HoumaToday.com, February 10, 2010

It’s not uncommon for a motorist to be charged with drunk driving following a traffic accident. Whether you’re a passenger car driver or a professional truck driver, a DUI conviction can be devastating. For a professional it can mean the end of a long career; for a person holding a standard operator’s license, driving privileges can be lost or severely limited. In all cases, fines can be expensive and social stigma can cause unintended consequences.

As an Alabama drunk driving defense lawyer practicing in the Birmingham area, I’ve seen what can happen to folks who get pulled over for driving under the influence of alcohol. It makes no difference where you’re from -- Tuscaloosa, Phenix City, Homewood or Vestavia Hills -- no matter where in Alabama you come from, drinking and driving can cause a load of problems. You never know when it might happen, either.

A news article showed just how unpredictable a DUI arrest can be. According to reports, a semi tractor-trailer driver was charged with drunken driving when he apparently lost control of his rig during a traffic accident on U.S. 43 just north of Killen, AL. Police said that the incident occurred in the early evening of February 3 following a collision between the trucker’s vehicle and a much smaller vehicle.

Witnesses at the scene told officers that a Suzuki passenger vehicle crossed into the path of a 1996 Volvo tractor-trailer, which triggered the crash. Apparently the driver of the Suzuki told a witness at the scene that he had spilled some coffee and while reaching down to pick it up had swerved into the truck and clipped the trailer.

The truck, which was being driven by 54-year-old Larry Patterson of Florence, AL, crossed the highway and ran off the westbound side. The semi, which was carrying heavy steel coils, went down an embankment approximately 150 feet and lost at least one of its coils in the process. The truck also spilled approximately 250 gallons of diesel fuel, threatening a nearby creek and pond.

The driver of the Suzuki, Kevin Black, 30, of Florence, was flown to Huntsville Hospital, but authorities said his injuries did not appear to be life-threatening. The truck driver, on the other hand, was not injured according to troopers at the scene. He was arrested at the scene after failing a field sobriety test. Based on Alabama law, the legal blood alcohol content (BAC) for someone operating a commercial vehicle is 0.02 percent. Police had not revealed what Patterson's BAC level was at the time of the report.

Teacher's aide injured in accident, TimesDaily.com, February 4, 2010