Alabama DUI Lawyer Blog

The Foley Police Department, ranked sixth in the entire state for the largest number of drunk-driving arrests in Alabama cities, according to Alabama Live. These ranks were revealed by statistics compiled by the Alabama Department of Forensic Sciences. Birmingham came in right behind Foley in the arrest race.

"We’ve been very proactive in this," said Lt. Thurston Bullock, director of the Foley police patrol division. "We have one officer who was assigned specifically to this and who’s been able to focus his efforts on that, but it’s not just one officer. All of our officers have been very active in this."

Our Birmingham DUI defense lawyers would like you to understand that when a particular department excels in their number of DUI arrests, it doesn't mean that more drunk drivers are hitting our roadways. It typically means that officers are conducting more questionable stops. An experienced attorney needs to be contacted if you've been involved in one of these stops as charges can oftentimes be reduced or dismissed.

The Foley Police Department assigned officers to focus on tracking down and arresting drunk drivers in the city in 2008. During the same time period, the department created a DUI Enforcement unit. Both the unit and the designated officers were assigned to special details during holidays and other traffic-active times when drivers may be more likely to be drinking and driving.

The officer tied for third place statewide in the number of DUI citations and tickets written by a single officer. In 2010, he wrote more than one-third of the 305 citations issued for drunken driving in Foley.

The cities, listed in order, with the largest amount of DUI tickets issued were Huntsville with 989, Auburn with 473, Mobile with 453 and Decatur with 421.

Since then, the Foley Police Department has not broken down the arrest info to determine where the alleged drunk drivers lived; if they were residents or just motorists passing through. The Department of Forensic Sciences releases a yearly report with the total number of DUI arrests in Alabama.

Some estimate that roughly 1 in 4 victims facing a DUI charge are not convicted. If you're facing a DUI charge, it's up to you to be proactive in defending your rights.

Continue reading " More DUI Arrests in Alabama Doesn't Necessarily Mean More Drunk Drivers on Our Roads " »

As cell phone apps allow drivers to locate sobriety checkpoints, government officials are targeting the providing companies and claiming that they're deterring drivers from receiving

DUI charges in Alabama

and elsewhere in the United States.

According to The New York Times, four Democratic senators composed letters to Apple, Research in Motion (RIM) and Google asking them to remove several unnamed apps that provided DUI checkpoint location information to users. The letter informed these companies that such software could be used by a drunk driver to navigate their way around these DUI checkpoints, putting “putting innocent families and children at risk.”

A Birmingham DUI defense lawyer should be called immediately if you're facing DUI charges as the result of a checkpoint stop.

“These applications are nothing more than a how-to guide in avoiding law enforcement and they provide drunk drivers with the tools they need to go undetected,” argued Senator Schumer of New York.

“PhantomAlert” is one of the most popular and the most sophisticated programs alerting drivers of checkpoint whereabouts. The program has approximately 500,000 locations in its database. This database grows every time drivers send in a real-time alert pertaining to an enforcement location. These alerts are subsequently corroborated by other users. Through GPS information, the next driver that approaches an active checkpoint, and is running the cell phone application, will receive a warning. This system, that was initially created to locate speed traps, is available to smart phone users for $9.99 a month.

“With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers,” stated the letter from the Democratic senators. “In fact, it shouldn’t even be available.”

Application companies say the devices act as a deterrent -- that knowing authorities are operating checkpoints will make a driver think twice about drinking and driving.

The truth is these DUI checkpoints really haven't been too worthwhile as a law enforcement tool for years as the number of drunk driving accidents is at an all-time low. Some would even argue that in the absence of these warning applications, drivers still have resources to warn each other about such checkpoints. Drivers can use text messages, cell phone calls and good old word of mouth to relay these messages.

These checkpoints primarily benefit government agencies as they pay overtime for checkpoint workers and provide a demonstration to the public showing that they're being proactive and tough on crime.

Continue reading " Cell Phone Apps Pinpoint DUI Checkpoints in Alabama " »

Ok. In a nutshell this is the mentality of 99 percent of the population when it comes to DUI in Birmingham and elsewhere in Alabama: "There was another move at the state capitol today could save the lives of innocent drivers who are at risk of being killed by a drunk driver."

That was how ABC 31 News reported the drive by lawmakers to force those convicted of drunk driving in Alabama to install ignition interlock devices. This was not a column, mind you, which would permit opinion. This was the straight news story.

Birmingham drunk driving defense attorneys battle this same mentality in the courtroom and in the court of public opinion. Lawmakers will pass the tougher law. And ignition interlocks will no doubt be required for some or all of those convicted of DUI in the future. Regardless of the civil liberties questions. Regardless of the expense or whether or not they are effective in preventing drunk driving. When it comes to drunk driving, there is no backlash for politicians who want to show they are tough on crime by passing another needless slew of legislation.

In 1999, nearly 16,000 drivers were arrested for drunk driving in Alabama and 435 motorists were killed in accidents involving alcohol. In 2007, fewer than 13,000 were arrested and 444 people were killed in crashes attributed to alcohol. And the National Highway Traffic Safety Administration reports that two-thirds of all fatal crashes in Alabama do not involve alcohol.

The truth of the matter is that fatal drunk driving crashes are at an all-time low nationwide. Yet law enforcement continues to emphasize making DUI arrests. The result in an increasing number of questionable or marginal arrests. Given the continued emphasis on increasing the penalties for a drunk driving conviction, it is more important than ever before to seek qualified legal representation and to fight to keep a DUI conviction off your record.

House Bill 276 and House Bill 361 would require repeat drunk driving offenders and first-time offenders with a blood-alcohol level greater than .15, to have an ignition interlock device installed on their vehicle. The devices force a driver to successfully test their breath for alcohol before a car will start. The proposed law would also require jail time for those caught driving with a revoked license.

The story went on to quote several members of Mothers Against Drunk Driving, which would also like to limit the discretion of judge's by forcing uniform sentencing measures.

No opposition from civil rights organizations or defense attorneys was included as part of the news story.

Continue reading " Coverage of Ignition-Interlock Debate shows Challenge Faced by Birmingham DUI Defendants " »

A 46-year-old Cullman man is facing a host of criminal charges following an Alabama DUI accident that killed an 8-year-old girl and critically injured three others, including her parents, according to the Cullman Times.

Birmingham DUI defense lawyers understand the stakes are high when a defendant is charged with drunk driving in connection with a serious or fatal accident. These are always tragic cases -- certainly for the victim, but also for a remorseful defendant who faces years in prison.

Too often, when police determine (or believe they have determined) that a driver involved in a fatal accident was intoxicated, any real investigation into the cause of the crash is concluded. Consulting with an Alabama drunk driving defense lawyer experienced in handling serious or fatal accidents is critical. The earlier you contact an attorney, the sooner he or she can get started with an independent review of the facts and circumstances surrounding your case. If it can be proven that you were either not intoxicated or not responsible for causing the accident, you should not be convicted of the most serious charges associated with a drunk driving crash.

In this case the defendant is charged with murder, homicide by vehicle, manslaughter, two counts of first degree assault and two counts of third degree assault. He was charged with driving under the influence shortly after the Dec. 17 crash. Some of these charges are "in the alternative," meaning the prosecutor is seeking conviction on the most serious possible charge (murder) but has also charged homicide and manslaughter as lesser included offenses.

Certainly there will be little sympathy for the defendant in this case. In general, prosecutors love to show how tough on crime they are when it comes to convicting defendants involved in fatal drunk driving crashes -- judges are too happy to comply with harsh prison sentences. Everybody loses. In cases where a victim is particularly sympathetic -- as when a child or member of law enforcement is killed -- there is typically even less room for negotiating.

In many of these cases, building a case for trial is in the defendant's best interest.

Police say the defendant struck a vehicle that had exited Interstate 65 and was traveling down U.S. Highway 31. The victim's vehicle overturned. The 8-year-old girl was pronounced dead at the scene and the girl's parents were seriously injured. The parents have also filed a civil lawsuit against the defendant.

Continue reading " Fatal Drunk Driving Accident in Cullman charged as Homicide " »

A 56-year-old member of the Athens school board was hit with an Alabama DUI charge on Tuesday afternoon after a witness reported seeing a motorist run over a stop sign, according to the Huntsville Times.

A Birmingham DUI defense attorney should be consulted as soon as possible after a motorist is charged with drunk driving. In cases where an accident is involved, pictures should be taken and other evidence collected regarding the facts and circumstances of the crash -- even if the allegations only involve property damage.

Too often, there is little or no attempt at investigating the cause of a crash once a drunk driving allegation is made. In cases involving serious or fatal injury, the consequences of a conviction can mean years behind bars. But even in cases where property damage is alleged, as when a motorist strikes a parked car, mailbox, or street sign, probable cause can become an issue if it's shown that the accused motorists is not responsible for causing the crash.

Athens police say the school board member could not "satisfactorily complete" a field sobriety test and was brought to the police station, where he tested with a blood-alcohol level of .21 -- over the legal limit of .08. A witness says the defendant's van hit a stop sign on Lucas Ferry Road at Jeffrey Street. He was arrested after pulling into his driveway. He has been a school board member since 2006 and had recently applied for re-appointment.

We are not sure what the term "satisfactorily complete" means when it comes to field sobriety testing. Such testing is conducted so that an officer can gather evidence (in his opinion) of your guilt. As such, we are tempted to say there is no such thing as "satisfactorily complete." Let's just say that it is exceedingly rare that an officer charged with gathering evidence of your guilt will give you a subjective test that does not result in an opinion that you are guilty!

Too often, a motorist will attempt to take the tests with the hopes of "passing." This is rarely (if ever) the case.

This case also illustrates the importance of getting out in front of a case when it comes to the court of public opinion. It has become increasingly more common for drunk driving charges or convictions to lead to job loss or other consequences at work. Hiring an experienced defense attorneys is typically money well spent (a DUI conviction can cost $10,000 or more in fines, jail time, court costs, increased insurance premiums and other costs) but that is never more true than when a job or political office is at stake.

Continue reading " School Board Member Charged with Drunk Driving in Alabama " »

Baldwin County Now reports a local police officer tied for third most DUI arrests in the state -- the department as a whole filed 305 Alabama DUI charges last year. The Foley DUI Enforcement Unit was established in 2008.

Birmingham DUI defense lawyers know such special enforcement units frequently lead to marginal arrests. Putting such emphasis on making arrests for a specific crime can make an officer predisposed to pulling motorists over without probable cause.

"(The officer) has consistently ranked in the top 10 every year since the unit was established," Lt. Thurston Bullock stated in a press release. "This year is no different. He tied for third place with a Huntsville officer and accounted for more than one out of three of the arrests made within the Department. His efforts, along with the combined teamwork of all the officers, has placed the Foley Police Department in sixth place among much larger municipal agencies with 305 total arrests for 2010."

An officer must have probable cause before stopping your vehicle for suspicion of drunk driving. This is why seemingly every DUI police report in the nation references marked lane violations or another often minor alleged traffic offense. Once stopped, an officer must also have probable cause to request that you perform field sobriety testing or submit to a breathalyzer examination. This is where the "odor of alcohol" and "glassy bloodshot eyes" wording often appears.

When departments overemphasize DUI stops, an officer may play fast and loose with probable cause. Those chasing state recognition for making such stops -- or those who win the awards year in and year out (you know who you are) -- also may be prone to making questionable stops. Initiating stops after dark on commercial work trucks with ladder racks is an old law enforcement favorite; the theory is the work crew stopped for happy hour.

In each case, it's up to the defendant to assert his or her rights by hiring experienced defense counsel. First-offense charges are often the easiest to defend, or at least seek a reduction or minimal sentencing options. And the tiered nature of Alabama's drunk driving laws make a subsequent violation all the more serious.

And if you don't think having a drunk driving conviction on your record is a real good way to get stopped by a "task force" officer, think again.

Another issue with overemphasizing DUI enforcement is that it may result in stops made by officers who lack the proper training. This happens most frequently at sobriety checkpoints or during increased enforcement often conducted through holiday travel periods -- desk personnel or auxiliary or reserve officers are often utilized on patrol. When an officer lacks the proper training to make a DUI stop and arrest, a defendant may have multiple avenues through which to seek a dismissal.

Again, it will be up to the motorist to consult an experienced Birmingham drunk driving defense lawyer. Local law enforcement hopes you just plead guilty and let them go on about their business as usual.

Continue reading " Probable Cause often an Issue for "Task Force" DUI Arrests in Alabama " »