Alabama DUI Lawyer Blog

Drunken driving, or DUI (driving under the influence), is a chargeable offense in Alabama, not only on public roads but also on public waterways throughout the state. As a Birmingham drunk driving defense lawyer, my advice to anyone taking the wheel of a car or the helm of a boat is don’t do it if you've had too much to drink. Impaired judgment can result in a lifetime of hardship. Kill someone while intoxicated from alcohol or prescription drugs and you run the risk of jail time as well.

This scenario played out for a Montgomery, AL, man who recently received his sentence for a 2008 boating accident on Lake Martin in Elmore County. According to reports, 22-year-old Patrick Leigh Cumbie had a blood-alcohol content (BAC) of 0.19 percent on an August night in 2008 when the speedboat he was piloting ran into a pontoon boat carrying a large number of people from Prattville.

According to court records, the crash killed Donnie Tatum and severely injured the man’s sister-in-law, Sue Tatum. Ms. Tatum was knocked unconscious as a result of the impact and reportedly died in the hospital several months later. Three other people aboard the pontoon boat were also injured, but not seriously.

According to court reports, Cumbie had pleaded guilty to the deaths of Sue and Donnie Tatum in exchange for a plea deal. Relatives of the two deceased individuals also asked the court for leniency.

Cumbie was sentenced to 24 months for homicide by vessel, another 24 months for second degree assault, both felonies, and 12 months each for three misdemeanor assault charges -- all to run concurrently based on the plea arrangement. Court records showed that Elmore County Circuit Judge Ben Fuller sentenced Cumbie to a year in the Elmore County Jail, followed by three years' probation.

Lake Martin double-fatal boat wreck: Family asks judge for leniency in BUI case, AL.com, January 12, 2010

Cumbie sentenced after boating DUI deaths, WSFA.com, January 11, 2010

As that old sea shanty asks, “What do you do with a drunken sailor?” Alabama’s Marine Police would likely respond to those intoxicated skippers, “Set up some checkpoints and reel ‘em in.” To be frank, boating under the influence (BUI) of alcohol is a serious matter as too many people have been killed by drunken boaters in the past. This is just a friendly reminder that law enforcement throughout our state has little tolerance for both drunk driving and drunk boating.

This is why Alabama, along with 45 other states, initiated the first weekend of its summer-long "Operation Dry Waters" BUI awareness campaign. This past Friday through Sunday was the first in a string of weekends where the state’s Marine Police join other Alabama law enforcement entities in an effort to improve safety on Alabama waterways. Just this past weekend, officers performed 30 field sobriety tests and made 15 alcohol-related arrests, eight of which were for boating under the influence.

Besides the obvious warnings about the dangers and penalties for piloting a boat -- or for that matter driving a car -- under the influence of alcohol, as a Birmingham drunk driving defense lawyer, I have a concern that most folks don’t always consider. And this stems from the fact that Alabama has both “dry” and “wet” municipalities.

Boaters navigating the state’s lakes, rivers and tributaries must always keep in mind that they could be violating local law, even if they are not intoxicated. Especially in northern Alabama, it’s a good idea to always be aware of the particular communities in which you are operating your boat. And no matter where you are on the water, I highly recommend that you always have a designated driver in order to stay safe and within the law. As any Alabama police officer will tell you, sobriety at the helm is the number one priority.

Of course, mistakes happen, which is why I always tell my friends and family to seek the counsel of a qualified legal professional anytime you are arrested or issued a summons for boating or driving under the influence, or for breath test refusal. With the Fourth of July holiday just around the corner, Alabama’s Marine Police will be scanning the horizon for alcohol related incidents, as well as careless and reckless watercraft operation. Enjoy yourselves, but most of all be careful out there.

Marine Police participate in "Operation Dry Waters," WAFF.com, June 30, 2009