Being arrested for driving while intoxicated can happen day or night, sometimes as a result of a routine traffic stop and other times as part of a drunk driving roadblock, also known as a sobriety checkpoint. No matter the circumstances, if you have been charged with drunken driving you most certainly should contact a qualified legal professional, even if this is your first DUI Offense.
It must be remembered that under Alabama law a blood-alcohol content (BAC) measurement of 0.08 percent or more means you can be charged with being legally drunk. Also important to keep in mind is that even a conviction for a first offense can have a serious impact on a person’s life.
Being convicted for DUI can, at minimum, result in the suspension of your driver's license for up to 90 days. At worst, it can spell jail. Some people might not understand the full impact of a license suspension, but this is not to be taken lightly. Such a punishment can affect how you get to and from work, if you can meet your obligations as a parent, even cause the permanent loss of a job, especially for those who work as commercial drivers.
I’ve handled so many DUI cases and spoken with enough people to know that representing yourself in a drunk driving case is never a wise decision. Not only can the process be frightening and confusing for first-time offenders, there is no way you can be fully prepared to face the court, not like you can with an experienced DUI defense attorney by your side.
]]> Because the stakes are much too high to risk your lifestyle and livelihood, I always recommend that people retain a drunk driving lawyer. For instance, a lawyer will be able to keep emotion from clouding the facts. Some questions that a lawyer might ask you can include:-- Was the arresting officer justified in pulling you over to begin with? If not, then some if not all of the evidence gathered following the stop might be deemed inadmissible by the judge
-- Did the police officer correctly administer any field sobriety tests?
-- If a breathalyzer was used, was the device correctly calibrated and adequately maintained?
-- Furthermore, was the officer properly trained to administer the breath test?
My strong suggestion to anyone accused of driving under the influence of alcohol is don’t risk your future on the hope that you can “get through it” under your own power. A legal professional who takes a pro-active approach to DUI defense is the best route to take when so much hangs in the balance.
The police and the courts in Alabama take a dim view of individuals who cause property damage as a result of alleged drunken driving, which is why anyone arrested for such an offense should consult a qualified DUI attorney. Not long ago, a couple in the Huntsville area was picked up for driving while intoxicated after they crashed into two buildings three separate times.
According to reports, the two people were arrested and charged for DUI by Huntsville police after they drove their vehicle once into a local apartment building and two additional times into a nearby house on a Sunday afternoon.
Based on police reports, 43-year-old David Palma, who was apparently attempting to leave the parking lot of his apartment on McVay Street, backed his vehicle into a nearby home around noon on Sunday, March 28. Placing the vehicle into reverse, Palma reportedly hit the house across the street from his apartment complex.
News reports show that the man then tried to drive away from the house, during which his car got hung up on a fence. Apparently unable to free the vehicle himself, Palma allegedly called his girlfriend to assist him.
After arriving to help the man, 48-year-old Lisa Wike got into the driver’s seat of Palma’s vehicle and tried to break the vehicle free of the fence. In the process, the woman reportedly drove the car back across the street and into the couple’s apartment building across the street from the house. Police stated that when Wike reversed the car away from the apartment building, she drove the car back across the street and into the same house that her boyfriend had hit minutes earlier.
When police arrived on the scene, both Palma and Wike were probably given field sobriety tests, then arrested and taken into custody. The two were each charged with driving under the influence alcohol by Huntsville police. No information regarding a trial date was available at the time of the news article.
Couple arrested for drunk driving after driving into apartment once and house twice, AL.com, March 29, 2010
Even in an instance of a first-time DUI offense, a person accused of driving under the influence of alcohol must consider the long-term consequences. This is why I always suggest that a motorist arrested for driving while intoxicated consult an experienced drunk driving lawyer.
Not long ago, an Alabama teacher all but admitted to driving to school one morning while impaired by alcohol. The man, who had previously been named Teacher of the Year, is also accused of sex abuse. While he essentially told the local prosecutor’s office that authorities could probably prove that he drove drunk, news reports stated that the man did not plead guilty to any wrongdoing.
Still, based on police reports, Charles M. Lewis allegedly had a blood-alcohol content (BAC) of 0.11 percent when he attempted to drive to a teacher in-service day at Causey Middle School just after the New Year. According to Alabama State Troopers, Lewis was involved in a traffic accident just after 6am on January 4 in Baldwin County.
As a result, a Baldwin County district court judge assessed the teacher with a $600 fine and sentenced him to 24 months of probation. In addition, the court set an order forbidding Lewis from entering bars or liquor stores. In response, the man’s attorney reserved the right to appeal the case.
Whether or not this incident will affect the man’s future career as a teacher has yet to be seen, however the recent accusations of sexual misconduct may cause him more trouble. According to reports, Lewis faces charges that he gave a 9-year-old boy alcohol and sexually touched the child in his home in July 2009 -- that particular complaint led to other students’ parents coming forward with their own accusations.
‘Teacher of the Year’ Guilty Of DUI, WKRG.com, March 17, 2010
Regardless of the statistics, anyone who is accused of driving under the influence of alcohol, or arrested for prescription drug DUI, should not hesitate to contact a qualified legal professional. There are many reasons to have a drunk driving defense attorney by your side in cases of DUI, not the least of which include the possible loss of your job and marriage difficulties.
A recent article discusses the alarming percentage of binge drinking highest in dry Alabama counties. The writer describes one resident of Cedar Bluff, an unemployed 22-year-old, as typical of the many people in the “nominally dry” Cherokee County, who are usually looking for a drink.
Based on the article, 15 percent of people in Cherokee County were reportedly involved in binge drinking during the past 30 days -- this was based on a survey conducted by the Robert Wood Johnson Foundation. The definition of binge drinking is men who consumed at least five drinks, and women four drinks, in less than two hours. This kind of activity usually results in a blood-alcohol content (BAC) of at least 0.8 percent.
At that particular consumption rate, Cherokee County would tend to rank at the top of the so-called hard-drinking areas of Alabama. But this apparently comes as little surprise to certain organizations that track alcohol consumption within Alabama. Based on reports, a number of dry counties have binge drinking rates higher than the state average.
While this may seem to implicate Alabama as a heavy drinking state, there is good news. According to national statistics, ours is a relative teetotaler among states. In fact, upper Midwest states have the highest occurrences of binge drinking while Southern states generally have among the lowest.
Binge drinking highest in dry Alabama counties, AL.com, March 21, 2010
According to news reports, police issued several warrants for the arrest of Bruce Joseph Quayle following the early March death of a 21-year-old Marine lance corporal and severe injury of the soldier’s 19-year-old wife. The warrants for Quayle’s arrest include vehiclular homicide, serious injury by vehicle, driving under the influence of alcohol, reckless driving and driving on the wrong side of the road.
The crash that killed Lance Corporal Gregory Suedmeyer occurred on Mach 13 when, according to witnesses, Quayle's ‘08 Chevy Silverado collided with the Suedmeyer's car head-on as they were riding westbound on I-20. Suedmeyer wife, Katelyn, received serious injuries during the accident. Police reports show that the couple’s dog was killed in the fatal DUI wreck.
Lance Corporal Suedmeyer, whose family is from the Huntsville area, was transported to Grady Hospital where he died not long after from injuries sustained in the crash. Katelyn Suedmeyer was transported by air ambulance to a local hospital where she was listed in critical but stable condition a few days later.
Quayle reportedly was transported to another local hospital where he was listed in critical condition. Police said that the warrants for Quayle’s arrest would be served as soon as the man was released from the hospital.
Warrants issued against man accused of Marine's death, WAFF.com, March 18, 2010
Recently, an out-of-state driver was taken into custody by Lee County police following a fatal accident on Shug Jordan Parkway in Auburn, AL. According to news reports, 18-year-old Michael M. Madkins was booked into the Lee County Detention Center on DUI charges. Several days earlier he had been admitted to the East Alabama Medical Center for injures he sustained in the crash.
Police said that Madkins was driving his SUV east on the parkway near Wire Road when he reportedly lost control. The driver’s Land Rover Discovery rolled over several times causing the driver and two passengers to be thrown from the truck.
One passenger, 19-year-old Garrett Schlichtemeier, died about eight hours after the crash, caused according to reports by a severe closed-head injury. The other passenger, 18-year-old Tyler Perri survived the ordeal, as did the Madkins.
The deceased man and Madkins were both members of the football team at Chadron State College in Chadron, NE. Police believed that the trio were on their way to a spring break gathering in Spanish Fort and had stopped in Auburn to visit with a friend before proceeding on with their trip.
Law enforcement authorities stated that they would not release Madkins’ blood alcohol level, but that the case against the student-athlete will be given to the Lee County District Attorney’s Office for presentation at the next grand jury session.
Driver in fatal wreck charged with DUI, AONow.com, March 11, 2010
Not only does such behavior call into question the morals and commitment of our elected and appointed officials, in committing illegal acts it sends a terrible message to our young people. As always, I believe that anyone arrested for drunken driving and subsequently charged with DUI should be considered innocent until proven guilty in a court of law. However, a police officer, municipal or state judge, or elected official who is convicted should face the same punishments that are dispensed to the average citizen.
Just last month, Tuscumbia Police Chief Tony Logan was found guilty for driving under the influence of alcohol in a Florence, AL, courtroom. However, aside from the fines and court costs, the law enforcement head was given a 90-day suspended sentence. He does however have to complete a court-referral program, according to news reports.
As I have explained in this space time and time again, a drunk driving conviction can cost a person his or her job and even end a career. Such would seem the case for Chief Logan, who now must see what happens to his future with the Tuscombia Police Department.
Based on reports, the Florence municipal judge in the case, James E. Hall II, issued the verdict following nearly three hours of testimony. One of the pieces of evidence against the police chief was a report from the Alabama Department of Forensic Sciences, which stated that Logan's blood-alcohol content (BAC) was more than triple the 0.08-percent legal limit for driving. The sample that showed this 0.272 percent BAC was taken approximately three hours after Logan's drunk driving arrest in December of last year.
The judge issued Logan a 90-day suspended sentence and placed him on probation for 24 months. The defendant was also hit with a $600 fine ($425 of which were court costs), and ordered Logan to complete a court-referral program and meet with a victims' impact panel.
According to the news article at the time, Logan’s drunk driving defense attorney stated that his client intended to appeal the verdict within the mandatory 14 days. If an appeal is granted, the case would be transferred to Lauderdale County Circuit Court for a jury trial.
Police chief found guilty of DUI, TimesDaily.com, March 11, 2010
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.
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
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
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
Recently, a news report showed what can happen as a result of bad choices when it comes to alcohol and driving while inebriated. According to police, a Clanton, AL, driver was charged with felony drunk driving as well as assault with a motor vehicle. The accident that precipitated the charges occurred on the evening of February 8 when a pickup truck apparently crossed the centerline and collided head-on with another vehicle.
Police records show that 30-year-old John Wesley Stewart was arrested and placed in the Chilton County Jail following the accident. According to the Clanton Police Department, suspect’s mid-size pickup truck collided with an SUV on Alabama Highway 22 West near LeCroy Career/Technical Center just before 10pm on a Monday evening.
The accident reportedly send all four of the SUV’s occupants to the hospital, including two children, as well as the Stewart. Police investigating the crash scene were reported to have commented that all the victims were “lucky to be alive.”
Clanton Police said that the family riding in the sport utility vehicle was from the Maplesville, Alabama, area. Based on the news reports at the time, one of the kids had been released from Children’s Hospital a couple of days after the crash. Two of the adult victims were supposedly undergoing surgery.
The pickup driver, who already had been charged with felony DUI and felony assault first degree, may also have been facing additional charges at the time and bond had not yet been set as a result.
Driver charged with felony DUI, assault, ClantonAdvertiser.com, February 10, 2010
As a Birmingham DUI defense lawyer, I represent Alabama drivers who have been arrested for inebriated driving. But more and more we may see arrests for other kinds of non-alcohol traffic offenses, but judged just as dangerous as DUI. According to reports, recent traffic safety data points to cell phones as presenting a distinct hazard to safe travel on public roads.
Based on these new statistics, talking and/or “texting” while driving has been pointed to as the cause for nearly 30 percent of all automobile crashes across the state. And while it’s not uncommon to see drivers reading, eating, adjusting their sound systems or disciplining their kids all while driving a vehicle at significant road speeds, talking on a cellphone or texting are big problems, according to authorities.
Based on news reports, the National Safety Council (NSC) announced that 1.6 million of the crashes that occur each year across the nation are caused by drivers using cell phones – that equates to 28 percent of all traffic crashes. Out of that 1.6 million crashes, the NSC says 200,000 are caused by drivers who were texting while driving.
Apparently, this happens with extreme frequency. A study by AAA Foundation for Traffic Safety reportedly showed that 53 percent of motorists around the U.S. said they have used a cellphone for either talking or texting while they were driving. That same study indicated that 60 percent of the drivers said they use a hand-held phone, compared to 34 percent who use a hands-free phone.
What some people have suggested is that cellphone use while driving could someday be treated like driving under the influence of alcohol. If that is so, could any one of us be arrested for TWD, or texting/talking while driving? Nobody can be certain, but there is always a chance.
Cell phones can be hazards, TimesDaily.com, January 25, 2010
Because of Alabama’s continued crackdown on inebriated drivers and other traffic violations, it comes as no surprise that deaths on our state’s highways have dropped from previous years. Not long ago law enforcement authorities announced progress in reducing highway fatalities. According to a report, Alabama traffic safety officials anticipated a 35 percent decrease in the number of state trooper-investigated highway deaths since 2006.
As of the end of 2009, troopers had investigated more than 500 highway fatalities. In 2006, about 800 deaths were reported by the end of the year. According to news reports, much of the reduction in deaths to law enforcement agencies focusing their efforts on areas where a large number of fatal crashes happen over time.
Statistics can result in police setting up sobriety roadblocks, also known as drunk driving checkpoints, during late evening and early morning hours. These checkpoints are designed to net drivers who may have been drinking and driving.
News reports show that state transportation officials instituted a series of “Take Back Our Highways” blitzes, during which 300 troopers patrolled the state 24 hours a day for a week at a time. Police also bought Dodge Chargers and motorcycles for patrols and even partnered with the Alabama Trucking Association to spot motorists driving unsafely around 18-wheelers.
State police also attacked drunken driving by taking advantage of funding from ADECA to buy so-called “Batmobiles,” which let officers check blood-alcohol levels in the field. The number of DUI arrests was up by more than 900 in 2009, according to news reports. Apparently, Alabama’s success in this area has also prompted surrounding states to adopt similar programs and procedures.
Although quite a few innocent drivers are charged with DUI offenses as a result of increased anti-drunk driving enforcement, there have apparently been noticeable improvements. For example, in 2009 there were 700 fewer injuries in trooper-investigated wrecks since 2006, as well as 500 fewer traffic crashes.
State efforts cited as fewer die in road crashes, AL.com, December 27, 2009
Lately, a number of municipalities are getting the chance to change from being a dry town, to being able to sell alcohol within city limits. The question is, will approval of the sales of alcohol such as hard liquors or beer and wine mean an increase in arrests for driving under the influence? Time will tell, but the fact remains, voters will decide.
Based on the latest new reports, residents of Town Creek and Moulton, AL, may be voting on whether to allow alcohol to be sold within their city’s boundaries. Already the mayors of these two municipalities have announced that folks are asking what it will take to get such as proposal on a future ballot.
Last year, the Alabama Legislature made changes in the state's liquor laws that allows more towns in dry counties to vote on the so-called “wet-dry issue.” This change in state law now allows towns with populations of at least 1,000 to vote on the issue. Based on the last census, both Moulton and Town Creek find themselves in this 1000-plus resident category.
The law also changed the number of names needed on a petition calling for a wet-dry referendum. It currently takes 30 percent of the total voters who participated in the last municipal election. The petition signers must be registered voters of the municipality holding the referendum.
It is not that easy to know how much revenue alcohol sales would produce for these towns, but the amount is not expected to be very great. Furthermore, while intuitively one might assume that drunk driving arrests would be poised to go up after a town goes wet, it may turn out to be just the opposite. According to reports, both Florence and Athens, Alabama, went wet a while ago, yet police in each town state that alcohol-related DUI arrests actually dropped since the switch.
City wet/dry votes possible, MoultonAdvertiser.com, January 28, 2010