Alabama DUI Lawyer Blog

As previously predicted in the Alabama DUI Lawyer Blog, Alabama is close to pushing through legislation that would require certain drunk driving convicts in Alabama to install ignition interlock devices on their vehicles, the Shelby County Reporter says.

The move by lawmakers makes it all the more important to aggressively defend a DUI arrest. Year after year, legislators move to increase penalties for drivers convicted of drunk driving. It's inevitable that as time passes, these charges will become more and more important to defend against. That's why you need a Birmingham DUI lawyer who can work to lessen the possible penalties for a conviction.

According to the news report, the bill passed the House with a 90-0 vote and now moves on to the Senate with support. Alabama is the only state in the country without an ignition interlock law on the books.

The devices hook up to the vehicle requiring the driver to blow into a tube and register a blood-alcohol level lower than the .08 limit. They work similarly to breathalyzer tests, which also register blood-alcohol levels based on a person's breath.

If it passes, the bill would require repeat DUI offenders in Jefferson County to install the devices on their vehicles, likely at their own cost. The device would be required for first-time DUI offenders who had a .15 or higher blood-alcohol level, if a child under 14 was in the vehicle or if someone other than the driver was injured.

Alabama DUI penalties are already steep. Even a first-time conviction can cost you thousands in fines and fees, see you spending time in jail, require you pay for DUI school and cost you your driver's license for a year. As convictions mount, so do the penalties. That's why defending even the first DUI is important for your future.

A simple arrest, which doesn't prove guilt, can mean ridicule in the community, cost you your job, make getting a job difficult and cause other hardships. Protect your rights and protect your future. Call today.

Continue reading " Alabama Lawmakers Likely to Pass Ignition Interlock Device Legislation " »

Memorial Day weekend is considered by most to be the beginning of summer. Because of that, many Alabamians will be out on the roads this holiday weekend, enjoying the warm weather.

AAA predicts that nationwide there will be nearly 35 million motorists driving 50 miles or more from their homes. That's a hike of about 100,000 drivers, despite the average price for regular gasoline sitting at about a dollar more than it was this time last year.

For that reason, many local law enforcement agencies will step up their patrols of the roads with the goal of writing traffic tickets and looking for drunk drivers. Birmingham DUI lawyers urge you to be safe this holiday weekend. Drink responsibly and use designated drivers or public transportation, where available.

But, inevitably, there will be drivers who get arrested and charged with DUI in Alabama this Memorial Day weekend. Consider the numbers last year during a ten-day period around Memorial Day from the Alabama Department of Public Safety:

Total traffic arrests: 24,755
DUI: 362
Speeding: 8,286
Following too closely: 145
Improper lane change: 173
Seat belt/child restraint: 6,907
Non-traffic arrests: 716
Warnings: 3,706
Assists: 604

All of those 362 drivers arrested and charged with DUI deserve an aggressive defense in court. Many are first-time DUI offenders in Birmingham who were just over the legal blood alcohol level limit of .08. Some may have a prior offense from years ago when they were 18, but adding a second offense could cause them to lose their job and go to jail or prison.

A good portion of those arrested may be completely innocent, depending on a range of factors, from a bad breathalyzer reading, improperly conducted field sobriety tests or medical conditions that caused officer error. An arrest simply is one side of the story and Alabama DUI lawyers are there to tell the other side.

Boaters should also be cautious this weekend. Alabama Marine Police will be patrolling Lake Martin and other bodies of water throughout Alabama this weekend, al.com reports. According to marine police, 95 boating accidents were reported last year, causing 21 fatalities.

Continue reading " Alabama Cops Will Be Searching For DUI Drivers This Memorial Day Weekend " »

It's no surprise that newspapers in Alabama are calling for the Alabama Legislature to toughen DUI laws in Alabama.

While the crime is serious, it's also the whipping boy of politicians. They love to show constituents they are tough on crime by increasing penalties. So if you or a loved one is charged with DUI, call on Alabama DUI attorneys.

The Huntsville Times in a recent editorial urged lawmakers to create law requiring the addition of an ignition interlock device to vehicles of drivers convicted of drunk driving charges. Two lawmakers have sponsored bills that would require the devices for repeat offenders and first-time convicts whose blood-alcohol level is .15 or greater, which is almost twice the .08 legal limit.

The newspaper believes adding the punishment would make streets and highways safer because there are many multiple DUI offenders statewide. As discussed in the Alabama DUI Lawyer Blog recently, Alabama is the only state in the union without an ignition interlock device law on the books.

These laws are just another invasion into the lives of people who make a mistake. DUI has become a very political offense, possibly more than any other type of crime. And lawmakers will continue upping the hoops a convicted drunk driver has to jump through.

But many of these people simply had one beer too many or were caught in a sobriety checkpoint run by police. Sometimes, they are unfairly targeted. A first offense is often the most beatable while the tiered nature of the state's DUI laws ensure a subsequent offense will come with harsher penalties.

Field sobriety tests may not have been properly performed. Often, rookie officers don't know the proper procedures for administering these tests. Sometimes, overzealous troopers so desperately want an arrest they mistake drowsiness or reaction to a medication as drunkenness.

Often, breath tests give out incorrect readings. States across the country are reeling from manufacturing errors and other problems that cause breathalyzers to give out bad readings, leading to improper convictions.

There are defenses. So, while legislators mull trying to stiffen the penalties for DUI, you should be thinking about hiring an Alabama DUI attorney committed to fighting beside you.

Continue reading " Newspapers Want Tougher Alabama DUI Laws; Strong Birmingham Drunk Driving Defense Crucial " »

The Press-Register reports that a Mobile man was arrested by police on charges that he was under the influence of marijuana and alcohol when his vehicle struck a boy on his bicycle recently.

Alabama DUI attorneys believe that every drunk driving arrest in Alabama should be reviewed and we are glad to be the attorneys who do it. Whether charged with a DUI first offense or charges as serious as DUI assault and manslaughter, oftentimes the charges can be reduced, dismissed or beaten at trial.

In the Mobile incident, a 38-year-old man is charged with DUI, second-degree possession of marijuana and third-degree assault. The boy was treated and released from the University of South Alabama Medical Center.

Though the article doesn't specify, it's likely that drug testing, field sobriety tests and breath tests led to the determination by police that the defendant was drunk and/or high at the time he was driving. These are all areas that an experienced DUI attorney will challenge. Police are alleging it -- they man or may not have determined it. Marijuana stays in a person's system for up to 30 days after consumption -- long after it has any impact on a person's ability to drive. Too often, a driver who is believed to be drunk or high is automatically blamed for an accident, regardless of whether or not he is at fault. Thus, what may be a tragedy involving a boy and his bicycle suddenly becomes a criminal case against the driver.

Alabama field sobriety tests are often not justified in the first place. An officer has to have probable cause to stop a vehicle. That can be based on any type of traffic violation that they witness. But occasionally, the officer administering the field sobriety tests, which include following a finger, walking in a straight line or standing on one leg, isn't properly trained. A violation of department policy in giving the tests can also be a factor in your case. And in some cases officers give the "alphabet test" or other tests that are not nationally recognized.

Increasingly, Birmingham breathalyzer tests are unreliable in court. There are examples across the country where manufacturing defects or other problems with these devices are causing prosecutors to drop charges against DUI defendants. Alabama DUI attorneys will examine this evidence in your case.

As most people know, DUI charges carry with them a form of public humiliation. But they are serious charges that can be punishable by incarceration, hefty fines and fees, loss of your driver's license and mandatory attendance of DUI schools and programs.

But there are ways to beat DUI charges in Alabama. Let an experienced Jefferson County law firm help you do it.

Continue reading " Mobile DUI Suspect Was Drunk And High, Police Say " »

An Attalla police officer was injured recently when authorities said he was hit by a pickup on a traffic stop, The Gadsden Times reports.

Any DUI case is serious because of the stigma attached and possible penalties. But any case where an officer is injured or killed is sure to be treated with more scrutiny both by the prosecution and the public -- an aggressive DUI defense attorney in Alabama is required.

When it feels like the world is against you, you need an experienced DUI attorney who can fight for your rights and work to come up with a favorable resolution.

In Attalla, rookie officer Robert Brewster pulled over a man driving a pickup truck recently. As the officer approached the driver's side of the truck, the driver allegedly swerved off, striking the officer, police said. According to the newspaper, Brewster was released from the hospital several hours later with bruising and leg injuries.

The officer's field training officer jumped into the patrol car after checking to make sure Brewster wasn't seriously injured and later pulled over the pickup truck driver and charged him with DUI. The Alabama State Troopers are investigating the accident for possible charges.

It's unclear at this point whether the driver will face further charges, but there is no DUI case more complex than those involving injury or death. That's why you need the best advocate to stand by you every step of the way.

The penalties for DUI cases in Alabama can range from fines, fees and a driver's license suspension to serious jail or prison time. Don't go it alone; contact an experienced attorney who can assist you with DUI assault and manslaughter cases.

Continue reading " Police Officer Injured in Alabama DUI Accident Will Likely Mean Tough Penalties " »

Kansas legislators are working toward requiring first time DUI offenders to use ignition interlock devices in their cars, The Wichita Eagle reports. It's a move the Alabama Legislature is also considering.

Lawmakers are constantly making the penalties tougher for drivers convicted of driving under the influence of alcohol or drugs. And while the crime already comes with a stigma attached, hiring a Birmingham DUI defense attorney who will aggressively fight the charges may save your reputation and even your job.

In Kansas, lawmakers are close to pushing a bill into law that would require first time DUI offenders to use interlock devices in their cars. Alabama, however, is the only state in the country that doesn't have an ignition interlock device law on the books, according to the National Conference of State Legislatures. Most states require or allow for an ignition interlock device to be installed for first-time offenders.

An ignition interlock device is like a breathalyzer machine attached to your vehicle. You would be required to blow into a tube in order for the vehicle to start. Otherwise, the ignition is locked so that someone who has consumed alcohol can't start the car simply with a set of car keys.

Under Alabama law, if a driver's blood alcohol content is .08 or above, they can be charged with driving under the influence. A first offense in Alabama could mean suspension of your driver's license and up to a year in jail. And fines, fees and other requirements can make your life difficult.

But Alabama lawmakers haven't stopped there. Bills in the House of Representatives and Senate would require the interlock devices for first-time offenders.

DUI is a politically charged crime that lawmakers love to show constituents they are fighting by increasing penalties. Judges, who are elected, like to show voters they are tough on the crime, too. That's why you need a seasoned attorney willing to go to battle for you.

Continue reading " Alabama Lags in Ignition Interlock Device Penalty for DUI, But It's Coming " »

Atlanta Braves starting pitcher Derek Lowe was arrested recently and charged with DUI, reckless driving and improper lane change in Atlanta, The Associated Press reports.

A DUI case requires a strong defense, especially in the case of high-profile defendants or cases that make the news and Birmingham DUI defense attorneys understand that. An aggressive defense and experience fighting these types of cases can make a difference in this type of prosecution.

Lowe, a 37-year-old right-hander, was charged with DUI, reckless driving and improper lane change after recently being pulled over by Georgia State Patrol in Atlanta. Troopers allege Lowe was racing another car. Lowe declined to take a breath test, the Atlanta Journal-Constitution reports.

Major League Baseball has had several of its stars arrested and charged with driving under the influence this year. Among them are Miguel Cabrera, Coco Crisp, Austin Kearns, Shin-Shoo Choo and Adam Kennedy.

Law enforcement in Alabama continues to crack down on DUI cases, making finding the right attorney that much more important. And judges are too happy to sentence defendants to tough sanctions, such as thousands of dollars in fees and fines, having to attend a DUI school and even a jail or prison sentence, depending on the severity of the allegation.

When Lowe refused to submit to a breath, he automatically forfeited his driver's license under Georgia law. The same is true in Alabama. If a driver refuses to submit to a blood alcohol test, they forfeit their license, but by doing so, a driver then keeps key evidence away from the state. Depending on the case, it could then become a matter of how well the officer testifies for the prosecution and could help the defendant's case.

Continue reading " Atlanta Braves Pitcher Derek Lowe Arrested and Charged With DUI " »

Deferred prosecution of Alabama DUI charges could help a Fultondale city councilman get his job back, the Birmingham News reported.

There are many ways a Birmingham drunk driving defense attorney can attack a case. Alternative sentencing can be an option in some cases. And pushing for a reduction in charges is often possible, particularly for a first-offense DUI charge in Alabama.

The 27-year veteran of city council was removed after missing 90 days of council duties; the city has moved to fill the vacancy. He was arrested Dec. 15 at Montevallo Road and Pine Crest Road. The agreement with prosecutors means he will not be prosecuted for drunk driving if he completes counseling and public service. He is now seeking to be restored to his old position on council.

Other ways to challenge a case include:

-Questioning the accuracy of field sobriety testing.

-Questioning or explaining physical signs of intoxication.

-Other issues with field sobriety testing.

-Issues that may affect breath test results.

-Conduct and training of the officer involved.

-Probable cause for the traffic stop.

-Review of video evidence.

-Maintenance of breath testing machine.

-Improper filing of charges.

-Inaccuracy of blood test results.

Continue reading " Deferred Prosecution of Alabama DUI Charge may Restore Councilman to Position " »