Alabama DUI Lawyer Blog

As previously detailed by Alabama DUI Lawyer Blog, state lawmakers recently pushed through a bill that will require those convicted of DUI in certain circumstances to install ignition interlock devices on their vehicles.

But Birmingham DUI Lawyers have been tracking the use of ignition interlock devices for years, even before Alabama lawmakers decided to make these a requirement for some people convicted of DUI. We have noticed how big of a business these devices have become. They are just another tool used by the government to hit the wallets and pocketbooks of people who are convicted of DUI in Alabama.

That's why we are as committed as ever to defending the rights of those who are arrested for this particular crime.

It all started in 1998, when members of Congress passed the Transportation Equity Act for the 21st Century. What passage of this act did, among other things, is begin requiring states to start using ignition interlock devices for repeat offenders. It mandated that states follow certain requirements for people convicted of DUI a second or subsequent time. One of those requirements was the ignition interlock device.

Once installed into the ignition area of a vehicle, drivers must blow into a tube to register their blood-alcohol level. If it is below the .08 legal limit in Alabama, the vehicle will start. They are similar to breathalyzer machines used by police in that they can't measure a person's blood-alcohol content level, but can only estimate it based on a person's breath. And, like breathalyzers in Birmingham, they can be misled by outside factors, such as the weather and what a person eats.

The new law in Alabama requires first-time DUI convicts with a blood-alcohol level of .15 or higher to install the device. It also applies to people who were driving with a child under 14 and if someone other than the driver was injured.

Some estimates say the devices can cost around $75 per month to operate, plus installation costs. And because the statute calls for a two-year installation period, that can total somewhere around $2,500 and more if a person fails one test so the device must be re-calibrated. It's no wonder that this has become a multi-million dollar industry after successfully lobbying the government in 1998 to encourage states to use these devices.

Paid lobbyists have been pushing Alabama legislators to create laws allowing their use as a "public safety" device for years. Whichever company wins the state contract to begin installing these devices is going to bring in a windfall of cash. And all of it will be at the expense of taxpayers and people who make mistakes while driving. Let's do the math regarding how much money the state is willing to give to ignition interlock device makers:

According to statewide statistics from 2009, there were 21,905 DUI cases. Of them, 16,912 were convicted, a 77 percent rate. In any given year, about 35 percent of people will refuse a breath test, but of the 65 percent who don't, 40 percent will register a blood alcohol content level of .15 or higher, which will require an ignition interlock device under the new law. Based on other estimations of repeat offenders, it's safe to assume that nearly 11,800 units will be ordered each year and paid for at the expense of the person who is convicted. That is on top of fines and fees, jail time, probation, DUI educational courses and other sanctions.

If nearly 12,000 units are needed, at $75 per month, plus installation ($350) and re-programming ($150), this is going to add up to more than $30 million in business for the company who successfully (again) lobbies the government to use their product.

It's no wonder why this device is so heavily promoted. It is often billed as a device that will "not cost the taxpayers a penny" and keep "drunk drivers off the highway" but it is more of a lucrative investment if you can win the state monopoly to install the devices.

This may just be the tip of the iceberg in terms of costly penalties for DUI convictions. So, if you are arrested for this charge, don't delay. Call today to set up a free consultation so that our firm can help you defend yourself from this costly and embarrassing crime.

Continue reading " Ignition Interlock Devices Make Big Money at the Expense of DUI Convicts " »

Alabama DUI Lawyer Blog for several months has detailed Alabama lawmakers' efforts to push through a law that mandates the use of ignition interlock devices in DUI convictions.

While it should be stressed that these devices are only required for people convicted of DUI, and only in certain circumstances, drivers in Alabama should be educated about how these devices work and what the law actually says. Birmingham DUI Lawyers will explain in this blog post what the new law says and how it affects you. DUI in Birmingham is a serious charge and requires an aggressive defense, especially as politicians continue to hammer people convicted of this charge.

First, let's consider the penalties already on the books for DUI:

$600 to $2,100 in fines
90-day driver's license suspension
DUI or substance abuse program
Up to 1 year in jail

Now add the additional penalty: installation of an Ignition Interlock Device.

These devices work similarly to breathalyzer testing in Alabama. They hook up to a vehicle's ignition and require the driver to blow into a tube before it will start. They register an estimation of the driver's blood-alcohol content level and if it's above a certain level, the vehicle won't start. Some devices require blowing several times per trip and some require scans or other forms to identify the driver as the person who has been sentenced. A failure will make the vehicle stop and, in some cases, won't start again until the device is re-programmed.

In Alabama, lawmakers recently made these devices a mandatory part of sentencing in certain circumstances. For instance, an ignition interlock device must be installed for two years after a 90-day suspension of the license for drivers:

First-time DUI conviction where the driver's blood-alcohol level was .15 or greater.
First-time DUI conviction where the driver injures someone.
First-time DUI conviction where the driver refuses to provide their blood-alcohol content or has a child under 14 in the vehicle.

Meanwhile, a second conviction requires the installation of the device for two years after restoration of the license and for three-time offenders, they would be required to drive with the device for three years. Subsequent convictions would require a five-year stint with the devices attached to their vehicle.

And what many people may not realize is how expensive these devices are. Installation costs can run about $350 and the monthly fee is somewhere around $75. Then, if a driver fails a test, the device must be reprogrammed, which can cost another $150. All told, the driver ends up spending somewhere around an additional $2,500 per year or $5,000 for a two-year sentence of the device. No wonder the ignition interlock device lobby has been so strong in Alabama the past few years as they have pushed to have this law passed!

It is more important than ever to fight this charge. A first-time offense can cause financial hardship and any subsequent convictions can lead to even more severe penalties. Fight this charge with everything you can. Trust in Birmingham DUI Lawyers.

Continue reading " New Alabama Ignition Interlock Device Law Explained " »

Apple recently announced it will no longer accept applications that pinpoint the location of drunken-driving checkpoints, USA Today reports.

Tech-savvy mobile phone application makers in recent months have been able to design programs that alert drivers to upcoming DUI checkpoints, but Apple has said it will no longer accept such applications. A Birmingham DUI defense lawyer should be immediately consulted if you face a DUI charge as a result of a DUI checkpoint.

According to the article, Apple's new AppStore guidelines state that it will no longer accept applications that contain DUI checkpoints not published by law enforcement agencies. The move comes months after four Democratic U.S. senators asked smartphone manufacturers to stop selling such apps or remove the DUI checkpoint function.

While some smartphone manufacturers immediately stopped producing these applications, Apple, which makes the iPhone, and Google, which sells Android-based apps, didn't.

“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 starting at $9.99 a month.

While many people argue that DUI checkpoints are unconstitutional --violating every citizen's Fourth Amendment right to be free of illegal search and seizures, the U.S. Supreme Court in Michigan Dept. of State Police v. Sitz ruled 6-3 that the checkpoints are constitutional because they can "reasonably be said to advance" the interest of preventing drunk driving.

Some others argue that the checkpoints are a waste of the limited resources that law enforcement agencies have and that putting those officers on patrol instead of lumped into a single staging area would be more productive. But either way, police departments and sheriff's offices across the country routinely set up these checkpoints, usually on the weekends, to catch drunk drivers.

But whether a person is arrested for DUI at a checkpoint or pulled over by an officer, the same factors may still apply and our lawyers will still aggressively defend you. That means attacking the statements made by police officers, proving that the breathalyzer test results, if the driver conceded to taking one, were faulty and trying to show that the officer didn't have the proper training to conduct field sobriety testing and other factors.

The penalties for DUI in Alabama are stiff and therefore must be aggressively defended. As drivers pick up additional DUI charges, the penalties get even more severe. While no one plans to get charged once, let along twice, having a DUI conviction on your record is a real good way to get stopped, questioned and charged again. So, don't try to go it alone. Protect your rights by hiring a Birmingham DUI attorney as soon as possible.

Continue reading " Apple Will No Longer Accept Birmingham DUI Checkpoint Apps " »

A Mobile man was "run over" by his own vehicle while attempting to perform field sobriety tests recently, CBS News reports.

Birmingham DUI Defense Lawyers take pride in defending people charged with DUI because as politicians make penalties for these charges more and more severe, the need for a good defense is increasingly necessary. We have dedicated countless hours to preparing for DUI defense in Alabama. Thousands are arrested for this crime each year; the threshold continues to get lower even as the lawmakers pass stiffer penalties. Too often, those charged are unfamiliar with the criminal justice system and fail to appreciate the seriousness of the charge or to take the steps necessary to adequately protect their rights.

According to the news story, the man had been pulled over by an Alabama State Trooper for allegedly driving drunk. When he left his Jeep Grand Cherokee to complete field sobriety tests, he thought he put the vehicle in park, but it began to roll and knocked him down.

Troopers said he was not badly hurt and didn't go to the hospital. But he was charged with DUI and attempting to elude police, though the article doesn't make clear why he is charged with attempting to elude police. No doubt they will blame intoxication for the accident; as if being pulled over by a trooper and accused of driving drunk couldn't make someone nervous enough to forget to put a vehicle in park.

While some people may poke fun at this suspect, he faces an uphill battle in proving his innocence. But it can be done. Consulting with an experienced DUI lawyer should be the first step if someone faces this charge because elements of the state's case can be defeated.

In Alabama, even a first-time offender doesn't get a slap on the wrist. And as recently reported in Alabama DUI Lawyer Blog, lawmakers recently made Alabama the 50th state to enact a law requiring an ignition interlock device on vehicles in some instances.

If someone is convicted of driving a motor vehicle with a blood-alcohol content level of .08 or higher, they can face a charge of DUI. And if convicted, that person can spend up to a year in jail, fines of at least $600 and up to $2,100, a driver's license suspension of 90 days and mandatory attendance in a DUI or substance abuse program.

All of those penalties hit the pocketbook or wallet of everyday people. So defending these cases aggressively is very important. And defending them means examining every piece of evidence the state plans to use against the defendant. That includes:

The law enforcement officer's testimony
Results of the field sobriety tests the officer conducted
Results of a breathalyzer, if the driver consented to one
Results of a blood draw, if the driver consented to one
Witness testimony, if there is any
Review of the officer's police cruiser dash camera, if it was active

There are other aspects that can be challenged in addition to these, and our firm will review everything with you before deciding the best plan of action. Penalties for DUI are set to punish multiple offenders more severely, so fighting charges early on can be critical in the future. But for many people, a one-time scare is enough to make them more cautious. For those people, we will do everything we can within the law to make sure a one-time mistake doesn't cost you for years to come.

Continue reading " Mobile DUI Suspect Run Over By His Own SUV " »

A University of South Alabama football player was recently arrested and charged with DUI, according to The Vanguard, the student newspaper at the university.

Birmingham DUI Lawyers have seen many young people in court facing a first-time DUI offense who are convinced by an inexperienced attorney to simply plead guilty to the charge to avoid jail time. But the first plea offer is sometimes not the best offer and sometimes going to trial is the only way to truly get a good resolution. A teen DUI conviction in Jefferson County can strip a young adult of good-paying jobs or a career, disqualify them from scholarships and make starting out on their own very difficult. That's why hiring the right attorney is so important.

The South Alabama player, a backup wide receiver and punt returner, was suspended from the team pending a full investigation by the school's athletic department. The Press Register in Mobile, where the player was arrested, reported that he was arrested as part of a Memorial Day police patrol for drunken drivers.

Most universities and colleges will automatically suspend athletes and other students involved in organizations automatically when they are arrested. They, like many others in the public, see an arrest as the same thing as a conviction, even though it is far from it. That's why fighting the charges is so crucial.

But there's not only a reputation to repair, but also a future to protect. Getting a DUI conviction on a teen's record can hurt their chances of getting into college. Many scholarships, whether privately or publicly funded, will disqualify students who have any type of arrest on their record. It may be more difficult for teens to obtain students loans if they are able to get into a college or university and being able to enter the military or programs like R.O.T.C. could also prove difficult.

So, it is important to aggressively defend a DUI charge for a young person because on top of trying to preserve their future, getting a DUI conviction can be very expensive and tough on a young adult. Alabama DUI penalties are tough, even for a first-time DUI offender. Convicts can face thousands in fines and fees, up to a year in jail, a 90-day driver's license suspension and mandatory attendance in a DUI or substance abuse program. Now in Alabama, first-time offenders may have to pay to install an ignition interlock device on their vehicle.

Hiring an experienced DUI and juvenile defense lawyer can help reduce penalties, win altogether or persuade prosecutors to treat the defendant as a juvenile to keep the penalties off their permanent criminal record. The juvenile justice system is designed to rehabilitate and help teens and young adults not make poor decisions over and over, but the adult system is designed to punish and can be particularly tough on youthful offenders. Choosing the right attorney is critical and could alter a young adult's life forever. Call today.

Continue reading " Defending a Juvenile DUI in Birmingham Critical For Young Person's Future " »

Alabama lawmakers recently passed into law a bill that requires an ignition interlock device for repeat drunk drivers and some first-time offenders, NBC News reports.

As previous detailed by the Alabama DUI Lawyer Blog, our state was the only in the nation that didn't already have a law that would penalize drivers convicted of DUI by using an ignition interlock device.
Birmingham DUI Lawyers understand that DUI is a hot-button topic not just in Alabama, but nationwide. And politicians, judges and prosecutors are always trying to show voters they are tough on crime. That's why fighting even the first DUI charge someone faces is critical.

While Alabama House Bill 361 still requires Gov. Robert Bentley's signature; it is sure to go through. The law will require first-time DUI convicts with a blood-alcohol content of .15 or higher, if a child under 14 was in the vehicle or if someone other than the driver was injured, to install the devices on their vehicles. The legal limit in Alabama is .08. All repeat DUI offenders in Jefferson County and elsewhere in the state will have to install the devices.

The devices hook up to a vehicle and require 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.

While organizations like Mothers Against Drunk Diving have applauded the politicians for their work, Birmingham DUI Lawyers see this as another reason for drivers to fight even a first-time DUI conviction. While the motive for passing this type of legislation is to attempt to save lives in drunk driving accidents, it also shows that this crime is so politically charged that the penalties will only get steeper in years to come.

Consider the possible penalties for a first-time DUI conviction, often for a person who has no prior criminal history:

$600 to $2,100 in fines
90-day driver's license suspension
DUI or substance abuse program
Up to 1 year in jail
Installation of an Ignition Interlock Device

While many people may think these aren't tough penalties, the average person suffers plenty of consequences as the result of a drunk driving conviction. Time in jail can mean the loss of a job, stress inside the home and a damaged reputation. These are stiff penalties and they won't get lighter any time soon.

So, if you are arrested and charged with DUI, consult with an experienced and aggressive DUI lawyer who has years experience fighting the many aspects of a drunk driving prosecution. Field sobriety testing, breathalyzer tests, the admissibility of blood testing and whether officers have the right in the first place as well as the training of the officer are all areas that can be challenged both before trial or before a jury of your peers.

Continue reading " It's Official: Alabama Becomes 50th State To Pass Ignition Interlock Law for DUI Convictions " »

A Dothan police officer arrested on a DUI charge during the Memorial Day weekend has resigned, the Dothan Eagle reports.

The case highlights that DUI is a crime that anyone can commit, even an experienced police officer, who likely has arrested many people for driving drunk. And as is the case here, the charge itself cost the man his job. DUI in Alabama carries severe penalties and requires a Birmingham DUI lawyer who can fight the charges and try to protect a person's career.

In Dothan, the 40-year-old man, who was a 15-year veteran of the department, was arrested Saturday by Alabama State Troopers. According to the newspaper, he was also charged with leaving the scene of an accident.

According to the report, the officer was involved in an accident between Webb and Columbia, which are northeast of Dothan near the state line. According to troopers, the other party in the accident wasn't injured.

According to The Century Council, a non-profit group of distillers that aims to fight drunk driving, there were nearly 14,000 DUI arrests in 2009 in Alabama. This shows just how common the charge is and while it is a crime to drive drunk, there are many defenses.

One area of defense is in the field sobriety tests given by the responding officer. What happens in just about every suspected drunk driving incident is the officer will ask the driver to step out of the vehicle and complete a series of tests. There are only three tests that are legally recognized as being used to determine a person's ability to operate a motor vehicle.
They are:

Horizontal Gaze Nystagmus: This is when an officer observes the eyes of the suspect as he or she follows a slowly moving object, usually a pen or a small flashlight, horizontally. Nystagmus is an involuntary jerking of the eye, but when a person is impaired by alcohol, this is exaggerated.

Walk and Turn: This is one of the most recognized field sobriety tests out there. If people see a person pulled over and is walking in a straight line on the side of the road and an officer is taking notes, most people recognize it is a DUI stop. This is when the driver is told to take nine steps, heel-to-toe, along a straight line. They are then to turn on one foot and return in the opposite direction. The officer looks for problems keeping balance and other signs.

One Leg Stand: This test requires the suspect to stand with one foot about six inches off the ground and count aloud by thousands until the officer tells the person to put their foot down, usually after 30 seconds. The officer will look for swaying, using their arms to balance, hopping to maintain balance and putting the foot down early.

But the statistics from the National Highway Traffic Safety Administration are telling. The agency reports that 88 percent of drivers who show four or more clues of impairment on the HGN testing have a blood-alcohol content of .08 or greater. On the walk and turn, 79 percent of drivers who show two problems hit that BAC level and 83 percent on the one-leg stand who show two or more indicators.

What this shows is that many people arrested and charged with DUI can fail these tests and still not be drunk. While it is unfortunate, many people in society believe an arrest is indicative of guilt. But not Birmingham DUI lawyers. We will fight every aspect of your case.

Continue reading " Dothan Police Officer Charged with DUI, Resigns " »

According to The Birmingham News, state troopers made 110 DUI arrests during the 78-hour Memorial Day weekend and issued thousands of citations for alleged traffic violations.

While many applaud state troopers for making more than 100 arrests and issuing thousands of citations, Alabama DUI Lawyers greet these arrests and citations with scepticism. That's because year after year, DUI defendants come in for consultations and the evidence against them doesn't warrant the charge. This can be particularly true during holiday enforcement periods. Birmingham DUI caseshttp://www.alabamaduidefenselaw.com/lawyer-attorney-1520138.html can be beaten, but it requires a defense team willing to go the extra mile.

According to news reports, troopers investigated 294 traffic crashes, cited 3,403 drivers for speeding, 1,706 for seat belt violations and 89 for child restraint violations on top of the 110 DUI arrests. Troopers said they worked eight fatal accidents during the weekend, down one from the year before. That doesn't include activity by local law enforcement, who also stepped up patrols during the holiday weekend.

For the 110 people arrested and charged with drunk driving, it is crucial they seek counsel with an experienced Birmingham DUI attorney who can attack the evidence provided by the state.

The first step is to look at the reason for the initial traffic stop. With traffic accidents, there may not be as much to challenge, but if a driver is stopped by law enforcement while simply driving down the road, that could be an avenue to challenge in court. Police must have a reason for pulling someone over. They must justify that the driver committed some kind of traffic violation. Many times they are:

Following too closely
Swerving in and out of lanes
Not using a turn signal
Improper lane change
Running a red light or stop sign

After the traffic stop, officers will likely perform field sobriety tests, which will include the driver taking steps in a row, touching their finger to their nose and other exercises. Sometimes, those can be challenged to determine if the officer was properly trained, conducted the tests correctly or properly interpreted the driver's actions. Sometimes, officers have drivers perform tests not recognized by the courts.

Next, the officers may ask for the driver to perform a breath test, which includes blowing into a breathalyzer machine. These devices are constantly challenged and are often found to be inaccurate. Plus, the breath gives an "estimate" of the driver's blood-alcohol content, not the actual BAC, which requires a blood test to be accurate. These tests can be denied, but that results in a 90-day driver's license suspension.

These are all areas a good Alabama DUI lawyer will scrutinize with a microscope to make sure the client gets the best defense possible. Everyone is entitled to defend themselves from DUI charges, traffic citations or other types of transgressions and it's too difficult to do it alone. Trust experience.

Continue reading " Birmingham Memorial Day DUI Arrests Require Scrutiny " »