Alabama DUI Lawyer Blog

A Mobile woman was recently charged with DUI after she drover her vehicle into a house, Fox News reports.

Most people faced with a DUI charge only face a misdemeanor, but causing injuries to others, property damage or having several DUI convictions on a person's record can open them up to a felony DUI charge in Birmingham. With any DUI case, but especially a felony charge, hiring an experienced and aggressive Birmingham DUI Defense Attorney is important. Fighting the charge aggressively is critical in order to avoid the severe penalties brought on by a DUI conviction.

According to the news article, the woman was driving one recent late afternoon when she sped around a curb, lost control and opened her door, witnesses said. They told the TV news station that the woman fell out of the vehicle, rolled and her head bounced on the ground three times.

Witnesses said the driver clipped a power pole, plowed a new driveway and hit a house, ripping open the wall, knocking over a dresser and tossing a computer. There were no injuries in the house.

The homeowner said that after the crash, he asked the woman if she was alright and he told the woman it seemed as if she was drunk. She allegedly told him she wasn't drunk, then admitted to having a couple beers. Police charged her with DUI.

DUI charges in Birmingham carry serious penalties that must be defended from the start. While some people believe that a DUI arrest is indefensible, there are many aspects of a case that can be challenged.

Field Sobriety Testing: Field sobriety tests are conducted when a person is investigated for DUI after a stop. They are: the walk and turn, horizontal gaze nystagmus and the one leg stand.
Whether or not an officer was properly trained to conduct these tests would be one of the first things to examine, as well as whether the tests were accurately done. Also, surveillance video from the dashcam of a cruiser can sometimes dispute the officers' written observations. A medical or physical limitation in the driver can also explain failed tests.

Breath testing: Law enforcement officers who conduct DUI investigations will almost always ask a person to submit a test through a breathalyzer. It's a device with a tube at the end that is said to measure a person's blood-alcohol level. But because it is based solely on a person's breath, it cannot accurate measure anything, but only provide an estimate.

Gases in a person's system, as well as weather conditions can affect these results. Plus, poor calibration of a device or manufacturing errors have been known to cause prosecutors to drop cases throughout the country.

And that's just two areas of a typical DUI case in Birmingham that can be challenged by an experienced DUI attorney. There are others. So, while the public sometimes believes that a DUI arrest is 100 percent, ironclad proof, it's not. Officers make mistakes and people are often innocent of the charges. So, aggressively fighting the charges is important. The first step is to consult with a Birmingham DUI attorney as soon as possible to go over the case.

Continue reading " Mobile Woman Plows Into Home, Charged with DUI " »

Breath testing in Alabama DUI cases is a constant battle that attorneys and defendants fight in order to see justice done.

Birmingham DUI Attorneys have seen how breath testing has been used by prosecutors as a main component of the evidence used against defendants charged with DUI and how, unchallenged, this can become a miscarriage of justice. These tests are inherently faulty and there are examples nationwide of the devices leading to convictions for people who are innocent.

We have all seen cases where a person steadfastly denies being guilty of the crime. The public scoffs, believing that police have arrested the right person and that there's no way the person could be innocent. But then the defense brings up evidence, or the state has a lack of evidence and the perception changes.

The above description almost perfectly fits the case of Casey Anthony, the Orlando woman accused of killing her 2-year-old daughter, who was vilified in the news media only to be found not guilty at trial because the state had little concrete evidence against her. But this principle also applies to DUI cases and one of the main areas that can be attacked are breathalyzers.

Earlier this year, the news media reported about several jurisdictions that were having problems with breath testing:

Santa Clara, California: More than 858 DUI cases were reviewed by prosecutors after the state learned that the Alco-Sensor V device used by police in several California cities was giving incorrect readings because of a manufacturing defect that allowed condensation to build in the tube. It's unclear how many cases ended up being dropped, but experts believed that quite a few people who may have already pleaded guilty and served time in jail, lost jobs and paid fines and fees could have been found not guilty.

Philadelphia, Pennsylvania: Here, more than 1,100 DUI cases were potentially tainted after police discovered in March that the machines used to calibrate breathalyzer devices weren't properly calibrated. Prosecutors said that anyone whose case included evidence from the machines would be permitted a retrial. But that may not cut it for people who already have been punished.

Montpelier, Vermont: In Vermont, a mistake in software setup on breath analysis machines along with claims of unethical lab work threaten dozens of DUI prosecutions in that state. Defense attorneys claim that a machine wasn't properly set up by Vermont State Police, allowing police to test drivers' samples without a self-check that measures the alcohol content of a control sample before it measures a suspect's breath.

These examples show that the problems exist with these devices everywhere, including in Alabama. It often takes some digging or whistleblowers to report problems, but exposing them ensures justice to those charged with a crime.

The lesson here is not to try to fight a DUI charge by yourself. Even when only a misdemeanor, it carries severe penalties that can result in a person losing their job and facing ridicule in the community. Quickly accepting a plea deal can sometimes be advantageous, but it can also be dangerous if all the evidence isn't first explored and examined.

Continue reading " Faulty Breathalyzers Plague Law Enforcement in Alabama, Throughout USA " »

A 15-month-old baby was killed in a DUI accident in Franklin County recently, two media outlets report, and the driver of one of the two vehicles that crashed has been charged with DUI manslaughter.

Birmingham DUI Lawyers have seen how DUI-related accidents have caused many injuries and deaths. But despite public outcry and the constant push for tougher penalties, these defendants are not criminals upon arrest. They are simply accused of a crime without proof and have a constitutional right, as we all do, to an aggressive defense and a fair trial. DUI manslaughter in Birmingham and throughout Alabama is the most serious DUI-related crime on the books.

In this case, according to The Times Daily, the toddler was in a child safety seat in the back of a Ford when the vehicle she was riding in was involved in an accident. Also in the car was a 14-year-old girl and a 34-year-old woman.

The teenager was injured, but the driver was not, the newspaper reported. In the other vehicle was a 42-year-old Phil Campbell woman, also driving a Ford. She was not injured.

The newspaper reported that it was the 41st fatality in 2011 in the northwest Alabama and southern Tennessee counties of Wayne and Lawrence. In 2010, there were 32 fatalities in those two counties all of last year. CBS News added the update that the 42-year-old woman has been charged with DUI and manslaughter.

A person can be sentenced anywhere from 1 to 10 years in prison if they are convicted of DUI manslaughter in Alabama. And in cases where a person dies or is severely injured, police often file additional charges to pile on to the defendant, such as DUI causing property damage and other related charges.

The penalties can pile up and can be a life-changing event for people facing the charge. And these cases can be extremely complex, though the media often describe them in simple terms. Many cases come down to who actually caused the crash. As we all know, sober drivers can be as reckless as drunk drivers.

Accident reconstructionists can be hired to re-enact an accident as proof of innocence in court. The legality of field sobriety testing and breath testing can also be challenged. These cases are typically more than meets the eye and must be handled aggressively and diligently.

In order to be charged with DUI manslaughter, the state must prove, obviously, that the driver caused the accident that caused death and that they were under the influence of drugs or alcohol above the legal limit of a .08 blood-alcohol content level.

In order to prove a person is drunk, officers usually administer field sobriety tests, such as walking in a straight line, following an object with one's eyes and standing on one leg. But what must be taken into consideration are medical conditions, extreme duress and road conditions, that can affect the results of these tests.

If someone is asked to perform a breath test, a device will be used that has a tube and a driver is instructed to blow into it. It spits out a reading that is supposed to be an accurate blood-alcohol level test, but it can't be. If no blood is used, it can't measure the level, but only give an estimation. And manufacturing defects, weather conditions and even what someone eats can affect the output.

Continue reading " 15-Month-Old Dies in Franklin County DUI Manslaughter Wreck " »

The son of former Alabama Supreme Court Chief Justice Roy Moore was charged with DUI and drug possession in Crenshaw County, The Associated Press reports.

According to news reports, Caleb Moore was stopped on suspicion of speeding by Alabama state troopers. A trooper spokesman told the media Moore was charged with DUI, possession of a controlled substance, possession of drug paraphernalia and speeding.

This case illustrates how the media's ability to carry news across the world in a heartbeat, coupled with the stigma attached to a DUI arrest, can hurt a person's reputation. When the suspect is under 21, a DUI charge in Alabama for minors is still very serious. Along with possible criminal penalties, underage DUI convicts can lose out on scholarships, be disqualified from college and university admission and not be allowed to join the armed services. The charge will remain part of their permanent driving record as an adult.

That's on top of the penalties for DUI in Alabama, which include up to a year in jail, a fine of $600 to $2,100, a 90-day driver's license suspension, attendance in a DUI school or substance abuse program and possibly having to install an ignition interlock device on the vehicle.

That's why it's all the more important to quickly consult with an experienced and aggressive Birmingham DUI Lawyer who will explore every avenue of the arrest and pick apart the state's evidence in defense of the client.

Roy Moore, who is president of the Foundation of Moral Law and who has formed an exploratory committee to run for president, said he couldn't comment. Moore was removed from office when he refused to move a Ten Commandments monument from the court lobby. The 20-year-old will apply for treatment as a youthful offender, his father told the media in citing why he wouldn't discuss the case.

Alabama Code Title 15 Chapter 19 lays out the process for treating a young suspect as a youthful offender, which cuts down on possible penalties and can keep the charge from showing up on a person's criminal record. It remains to be seen if the negative publicity will affect the suspect's application for youthful offender status.

But regardless of the initial stories, the news media's take on the arrest aren't the same set of facts that a judge and jury hear. And with proper representation, the case can be picked apart.

For instance, the initial traffic stop can be questioned. In this case, the reason for the stop was speeding. The officer must prove the suspect was speeding, possibly through a radar detector, and it must be proven to be accurate. When people are pulled over for seemingly borderline reasons in DUI investigations, sometimes those charges can be tossed out of court if the officer's reasons are questionable.

If the suspect was ordered to take field sobriety tests or breath tests, those, too, can be challenged for accuracy and based on the officer's training. Sometimes, outside factors like the weather or a health condition can affect a driver's ability to perform these tests. And breathalyzers have been shown to be inaccurate and unreliable in every state. Prosecutors have dropped thousands of cases because of inaccurate breath results.

So, the point is that an arrest isn't a conviction and there are a lot of factors that come into play. And just because the charge is a misdemeanor doesn't mean it should be taken lightly. Trying to defend a case on your own may make it feel more like a felony if all the possible penalties are imposed. Trust an experienced Birmingham DUI Lawyer to handle your case.

Continue reading " Roy Moore's Underage Son Arrested for DUI in Alabama " »

A 49-year-old man from Florence recently pleaded guilty to his 18th DUI charge, sending him to prison for eight years, the Times Daily reports.

While racking up 18 DUI convictions is outrageous and sad for the person facing all those charges and now time in prison, the story shows the importance of fighting even one DUI charge. According to Alabama Code 32-5A-191, the penalties for a first-time DUI offense in Alabama can include jail time, fines and fees and other sanctions. But as a driver faces more and more charges, the penalties increase. This is why consulting with Birmingham DUI Lawyers as soon as possible should be your first step.

According to the news article, the man was arrested March 11 in Florence and charged with DUI. According to his criminal history record, it was the 18th time he has faced the charge. In Alabama, a fourth or subsequent DUI conviction is considered a Class C felony and is punishable by a year and a day in prison.

Because the man was serving time on probation for a 2004 DUI charge that he pleaded guilty to in 2006, his most recent DUI conviction was coupled with the violation probation to send him to prison for eight years.

In Alabama, a first, second or third DUI conviction is a misdemeanor. But while it isn't considered as serious as a felony, a DUI charge is punishable by tougher penalties than most misdemeanors. For instance, most misdemeanor convictions simply require a person to serve time in jail or on probation. But consider the penalties for just a first-time DUI conviction in Alabama:

-Up to 1 year in jail
-Fines of $600 to $2,100
-90-day driver's license suspension
-DUI school or substance abuse program completion
-Ignition Interlock Device under certain circumstances

As you can see, there are more penalties than a typical misdemeanor charge. But as the law states, the penalties for subsequent convictions are more stringent. The mandatory jail time increases, the fines get higher and the length of a driver's license suspension increases as well.

And that's why treating a DUI charge, even a first-time misdemeanor, as a serious crime is crucial. Simply being arrested for this charge can bring public ridicule, loss of a job, disqualification for scholarships and college admission for teens and other harsh non-court system penalties. Of course, no one plans to get charged with drunk driving once, let alone repeatedly. Yet too often motorists are naive when it comes to the criminal justice system. Having a drunk driving conviction on your record is a real good way to be stopped, questioned and charged again. Veteran criminals will often choose jail time over attempting to comply with terms of probation. Dealing with the system is no joke and sometimes it spits you out the other end with 18 drunk driving convictions.

And so working to clear your name and keep this charge off your record should be your first priority. Our firm fights DUI in Birmingham and throughout Alabama every day. And as the law lays out, fighting these charges aggressively early on can save a lot of money, heartache and frustration in the future.

Many inexperienced lawyers will tell clients to settle for the first plea offer made by the state. Sometimes the best offer comes first, but it's rare. It takes time and effort to rip through the state's evidence and convince a prosecutor to either drop charges or offer a plea deal to a less-serious charge in order to best benefit the defendant. Don't settle for a lawyer who isn't seasoned and knowledgeable when it comes to standing up for your rights in the courtroom.

Continue reading " Man Faces Prison After 18th DUI in Alabama " »

The Dothan Eagle recently reported that fewer fatalities were reported on Alabama roads during the Fourth of July holiday weekend and yet troopers arrested more than 100 people for DUI.

Law enforcement love to boast about arrest numbers, but while some in the public may be fooled, Alabama DUI Defense Lawyers know that arrest numbers mean little. The number of convictions, however, is a different story. Police can arrest many people, but if they make mistakes during the procedure of arresting someone, arrest someone who isn't guilty or otherwise botch a Birmingham DUI arrest, our firm is ready to step in and help. Fighting these charges are critical because of the steep penalties involved and the potential long-term effects of having a conviction on one's criminal history record. Nationwide, about one-third of those charged with DUI are not convicted.

According to the newspaper, Alabama State Troopers statewide worked nine fatal crashes, which is down from 13 a year ago, during the 78-hour holiday period. And during that time period -- 6 p.m. Friday, July 1 to midnight Monday, July 4, they arrested 148 drivers and charged them with DUI. They also ticketed 3,400 people for speeding, 1,169 for seat belt violations and worked 350 crashes. And that doesn't include local law enforcement efforts.

Law enforcement obviously did a lot of work over the holiday weekend and it is certainly sad that people lost their lives in accidents during the Independence Day weekend. But while many people believe that anyone arrested for DUI is guilty, it is simply not true. These charges can be beat because of police mistakes, improper procedures and false testing. Typically, periods of enforcement blitzes -- such as those around the holiday -- increase the chances of questionable arrests.

Many aspects of a DUI arrest can and should be challenged, such as whether the arresting officer had justification to make the initial stop, whether the officer was properly trained in giving field sobriety tests and if the breathalyzer was properly calibrated.

Probable cause for the initial stop: Law enforcement must have a reason for initializing a traffic stop and beginning a DUI investigation. This is typically justified because of one of the following driver actions:

Weaving while driving
An accident
Sudden stops and starts
Not using a turn signal
Running red lights or stop signs

Sometimes, though, officers don't have a legal reason for making the stop and the results of their investigation can be thrown out of court.

Proper training and conducting field sobriety tests: According to the National Highway Traffic Safety Administration, there are only three field sobriety tests that are considered standard for all law enforcement: horizontal gaze nystagmus, walk-and-turn, one-leg stand. Many people may not know these by name, but would recognize them by action. The HGN is when an officer makes a driver stand still and follow an object from side to side with their eyes. The walk-and-turn is when the person walks, toe-to-toe, in a line and the one-leg stand measures balance.

Sometimes, officers will administer other tests that can't be used in court to tire or frustrate the driver and sometimes, outside factors, such as weather conditions or a medical ailment can explain failure of some of these tests.

Breathalyzer results: Breath testing is notorious for being inaccurate and unreliable. Prosecutors across the country have had to toss breathalyzer results because the machines were manufactured wrong, weren't calibrated by law enforcement or because the machines themselves produce wrong outputs. It should be noted that these devices only estimate a driver's blood-alcohol level, not measure it, anyway. These tests, just like the others, can be contradicted in an Alabama criminal court when fighting a DUI charge.

Continue reading " Hundreds Arrested For DUI During Fourth of July Weekend " »

A man arrested recently in Mobile faces his fourth DUI charge, making it possible he faces felony charges and stiffer penalties, Fox News reports.

According to Alabama Code 32-5A-191, a fourth DUI is classified as a Class C felony and is punished by a fine of between $4,100 and $10,000 on top of 1 to 10 years in prison. A judge can also sentence a defendant to electronic surveillance, probation, house arrest and a driver's license revocation.

This is why Birmingham DUI Lawyers stress the importance of aggressively defending even a first-time DUI arrest in Alabama.

Alabama's laws punish motorists on a sliding scale, leaving more stringent penalties for those convicted of multiple drunk driving offenses.

According to Fox News, the man has picked up 22 arrests in the last six years, including the recent DUI arrest. According to police, the driver cut off several drivers before police pulled him over. The news reports he has three previous DUI convictions. And because he has prior felony convictions as well, his sentence could be enhanced.

While many people don't take a DUI charge seriously because it's typically filed as a misdemeanor, this story illustrates the need to fight the charge, even the first time. This may be even more crucial for juveniles charged with DUI because a conviction can disqualify teens from getting scholarships, jobs, being admitted to college and holding certain professional licenses. For adults, a conviction can lead to job loss, a ruined reputation and other penalties outside of the criminal justice system.

And our Birmingham DUI Lawyers take pride in fighting drunk driving charges for our clients. And this can be done in many ways, even for people who face a DUI charge after previous convictions.

Probable cause challenges:

-Did the officer have a reason to pull the client over in the first place?

-Even if there was a reason (speeding, weaving in and out of lanes, not using a turn signal, etc.), was there a reason to initiate a DUI investigation?

Field sobriety testing challenges:

-Was the law enforcement officer properly trained to conduct these tests?

-Reviewing the dash cam video, if available, to make our own conclusions about how the client performed on the tests.

-Are there medical or physical reasons why the client couldn't perform the tests?

Breathalyzer testing challenges:

-Was the breathalyzer properly calibrated?

-Did the client recently smoke, eat a certain type of food or was there another outside force (weather, etc.) that could affect the reading?

There are many ways our firm can challenge a DUI case, so even if this is a second or third DUI charge, our firm is able to aggressively defend the charge. Every case is different and therefore requires a fresh look every time. We won't let prosecutors railroad the client simply because of a past incident.

If you choose to refuse the breath test, it means an automatic driver's license suspension. However, a license hearing can be requested and it limits the amount of evidence the state has against you. The second thing to do is make no statements, remain polite and ask to speak with a Birmingham DUI Lawyer immediately.

Continue reading " Mobile Man Picks up Fourth DUI Charge, Faces Tough Penalties " »

As the temperatures heat up in Alabama, it can only mean one thing -- the Fourth of July is fast approaching.

And with more drivers expected on the roads, local and state law enforcement will be stepping up their efforts to ticket and arrest motorists who commit traffic violations and crimes. If you or a loved one is arrested for DUI in Birmingham this Independence Day weekend, don't hesitate to call Birmingham DUI Lawyers immediately.

Drivers will likely see more DUI checkpoints, more Alabama State Patrol troopers monitoring traffic on major highways and more speed traps and other ways to catch unsuspecting drivers. But what's important to keep in mind is that if you are arrested and charged with DUI, be polite, don't make any statements. Call our firm as soon as possible.

These charges will be challenged and they can be beaten. But because most DUI charges are filed as misdemeanors, defendants tend not to take them seriously. Well, we're here to tell you to take the charge seriously. It is the most commonly filed charge in the United States and as a result, the penalties are much stricter than other misdemeanor charges. In Alabama, lawmakers recently made DUI penalties even stronger, as previously reported on the Alabama DUI Lawyer Blog.

A person charged with petty theft, loitering or another type of misdemeanor charge will usually face fines and fees as well as possible jail time or probation, usually not more than a year. But look at charges for a person convicted of DUI for the first time:

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

While DUI is much less intentional and doesn't require the planning of other crimes, even misdemeanors, it is punished with much harsher penalties. But because it is so common, many people who face the charge don't fight for their rights. They try to fight their own case and simply take the first offer made by prosecutors. Don't do that! Even a first-time conviction can lead to job loss, disqualification from certain types of funding and other freedoms. And a subsequent charge can lead to even tougher penalties.

It's important to note that any aspect of a DUI arrest can be challenged, and possibly beaten, in court. Whether it's field sobriety tests conducted by an officer who wasn't properly trained in how to conduct them or fighting breathalyzer testing in Alabama that is often faulty and can be tossed out of court, our law firm will aggressively defend you.

Many people charged with DUI have never been introduced to the criminal justice system and try to talk their way out of a charge and end up hurting their case. While we are taught to trust law enforcement, when you are being investigated for a crime, you shouldn't help them do their jobs. Don't say anything before consulting with Birmingham DUI Lawyers.

We urge you to have fun this weekend, spend time with family and friends and stay safe. If you are arrested and charged with DUI, please contact our firm immediately.

Continue reading " Law Enforcement Will Be Out in Birmingham Looking for DUI Arrests This Fourth of July " »