Alabama DUI Lawyer Blog

As an Alabama drunk driving defense lawyer, I see how strict our state’s DUI pratrols and drunken driving enforcement can be. In Birmingham, Mobile, Dothan or any number of cities and towns across the state, driving while intoxicated will get you a stiff fine and sometimes even jail time. Being caught for operating a motor vehicle while under impaired due to consuming alcohol, such as beer, wine or hard liquor, means you may spend a night at a local police department until someone can take you home.

Understanding how harsh the penalties are for a DUI conviction, it may be just a little bit surprising that the rest of Alabama’s traffic laws only garnered the state a seven out of 15 score in a recent study by Advocates for Highway and Auto Safety AHAS), a group of nationwide organizations focus on traffic safety across the U.S.

According to the study, Alabama scored behind 41 other states when it comes to having laws on the books that promote safe driving. The state got low grades and criticism from this coalition of safety experts for failing to ban text messaging behind the wheel and for lacking tougher restrictions on teenage drivers.

Based on news reports, the AHAS ranked Alabama in the last 20 percent of all states. The highest score, by the way, went to New Jersey with a 13.5. South Dakota fared worst with 3 points.

Alabama did score high (and received a full point) for its primary seatbelt law, which allows police to pull over a driver for not wearing a safety belt, as well as the legal requirement that motorcyclists wear helmets; our state’s ban on open alcoholic beverage containers in vehicles; the law on impaired drivers injuring children; and the requirement of six months' supervision for newly licensed teenage drivers.

However, the group called for Alabama to raise the age at which a learner's permit is issued to 16 years of age from the current 15 years. It also suggested that the state restrict cell-phone use by teenage drivers, raise the age to 18 for full driving privileges, and require more supervised time behind the wheel before teens earn a license.

The group gave the state partial credit for a number of other laws including the legal requirement for mandatory blood-alcohol testing, which allows a police officer to take a motorist’s driver’s license away on the spot if he or she refuses to take a blood alcohol test. This rule also provides for an automatic 90-day license (or longer) depending on the circumstances.

Alabama lags in comparison of highway safety laws, AL.com, January 12, 2010

There’s never a good excuse for a law enforcement officer, much less a chief of police, to be arrested for drunk driving. As an Alabama DUI defense attorney in the Birmingham area, I have very little tolerance for persons of authority who fail to observe the laws they are entrusted to enforce. The recent news of a Tuscumbia police official charged with driving while intoxicated is a sad statement, but one that has occurred from time to time followed by the public’s outrage.

According to news reports, Tony Logan, the police chief for the Tuscumbia Police Department, is on the wrong end of a DUI charge after a recent arrest. Apparently, the chief’s white SUV ended up in a neighbor’s yard in Florence, AL. When officers arrived, the vehicle was still in the man’s yard -- across the street from the chief's house -- with the keys still inside and Logan nowhere to be seen.

When Florence police officers arrived on the scene at about 3:30pm on Saturday, December 5, Chief Logan's mailbox was missing and a second vehicle, which was parked on the street, was damaged. Based on the police report, the neighbor removed the keys from the SUV and handed them to the officers, after which he gave them a complete statement about what he had seen.

Logan, who has been chief of police in Tuscumbia since July 2008, was subsequently arrested at his Florence residence on Castleton Road. According to the police report, Logan refused to take a sobriety test, as well as refused a breathalyzer test. Florence police took blood and urine samples after Logan was taken into custody. He was charged with DUI and booked into the Florence County Detention Center, where he was later released.

Based on a press release that came out of the Tuscumbia city attorney’s office, Logan has requested administrative leave. The release also stated that the city would review the incident and that Logan had agreed to cooperate with Tuscumbia officials in the matter.

Prior to taking over in Tuscumbia, Logan had served as the deputy chief for the Florence Police Department. He reportedly resigned in February of 2008 while the Alabama Bureau of Investigation looked into allegations of misconduct on Logan’s part.

Questions remain about DUI arrest of Tuscumbia police chief, WAFF.com, December 7, 2009

There are many drunk driving cases tried in the state of Alabama very week. What many of these have in common is that a motorist was suspected of driving under the influence of alcohol and was pulled over by an Alabama police officer. Some cases deal with accidents in which an allegedly intoxicated driver hit another vehicle or wrecked his or her own car or truck.

As a Birmingham DUI defense lawyer, I’ve represented dozens of law-abiding citizens who have been caught up in an alcohol-related driving infraction or accident. Something I don’t often come across is the case of a possibly drink driver hitting a vehicle being driven by a police officer. Rarer still are DUI-related accidents involving the head of a police department or other law enforcement agency.

That said, I noticed a recent news article out of Selma, AL, that told of a hapless motorist who crashed his vehicle into another car being driven by none other than the chief of Alabama’s State Patrol. Ironically, an allegedly drunk driver apparently hit a vehicle being driven by Col. Chris Murphy of Birmingham, Alabama.

Col. Murphy was reportedly traveling eastbound on Intestate 80, returning from giving a speech at the Alabama Criminal Justice Training Center. Neither Murphy nor the unnamed motorist was injured as a result of the two-vehicle accident, which occurred near Selma around 2:30pm.

According to news reports, a spokesperson for the Alabama Department of Public Safety said the other driver was charged with DUI at the scene of the collision. It is likely that a breathalyzer test showed his blood alcohol content to be above 0.08 percent. Police reports indicate that the man told police following the crash that it was his birthday and he was on his way to the bingo parlor in White Hall to celebrate.

Head of Ala. state troopers a victim in DUI, WSFA.com, October 6, 2009

It’s not uncommon here in Alabama to read of a sports hero or other well-known personality arrested for a drunk driving or drug-related DUI offense. Alcohol and drug abuse is so prevalent within the sports and entertainment worlds that few people are shocked these days to hear about an intoxicated NBA, MLB or NFL player picked up for driving under the influence of alcohol or prescription drugs.

Maybe it’s because young athletes become so easily caught up in their fame and are not mature enough to realize the harm they do to their sport and the fans that adore them. I won’t even attempt to explain the motivations of media stars and other performers and entertainers. But while young sports figures have much to learn, I find it sad when I read of those dedicated to nurturing young competitors who have been less than discrete.

Take the May drunk driving arrest of Thomas J. Rosandich, vice president of United States Sports Academy in Daphne, Alabama. As a Birmingham DUI defense attorney, I understand the consequences that a drunk driving arrest, much less a conviction, would do to the career of an individual such as Mr. Rosandich. Not to mention the affect this could have on his family and their organization.

According to news reports, Mr. Rosandich is in charge of the school’s administrative and financial functions, and also chairs its technology committee and is responsible for international programs. The son of the Daphne-based university's founder, Rosandich was stopped by an Alabama state trooper on May 16 after he allegedly failed to halt at a stop sign on Baldwin County 32. He reportedly refused a breathalyzer test and ended up spending an evening in the Baldwin County Jail prior to being released on $1,000 cash bail. His case is scheduled to be heard on September 28.

United States Sports Academy vice president charged with DUI, AL.com, July 13, 2009

It should come as no surpise to anyone in Alabama that a drunk driving arrest can be a life altering event. But a DUI conviction can literally turn your life upside down. Take the recent drunk driving charge against the CEO of the Lawrence Medical Center in Moulton. He’s now on administrative leave after being picked up for driving under the influence of alcohol.

Tom Dunning, 43, of Decatur was arrested last week in North Courtland for DUI and failure to yield to a stationary vehicle. According to the police report, Dunning refused a sobriety test, requiring him to stay in the Lawrence County Jail for 24 hours. He was subsequently released on $1,800 bond for the two misdemeanor charges. Reports did not say whether or not he has any previous DUI convictions.

As drunk driving arrests go, this one appears rather unremarkable, but the owners of Lawrence Medical Center don’t see it that way. Upon learning of Dunning’s arrest, they immediately put the CEO on leave. He has worked in that capacity for about two years.

These days, not only do the police have zero tolerance for driving while intoxicated, society and corporate America have next to no patience for those accused of DUI. As an experienced Birmingham DUI Attorney, my job is to help clients charged with drunk driving fight for their rights, because a drunk driving conviction on your record can ruin your personal and professional life.

Mr. Dunning’s DUI arrest has already caused him embarrassment and job complications. If convicted, not only will he have to deal with the legal penalties, such as fines and maybe jail time, but he could be looking at disciplinary measures at work, the loss of his position as CEO, and even future employment difficulties due to a DUI record.

If you or a relative has been recently charged with DUI, it is important that you retain qualified legal representation. The professional legal staff at Eversole Law is ready to defend you in a court of law.

Hospital CEO charged with DUI, TimesDaily.com, May 9, 2009

CEO on leave following DUI charge: Lawrence Hospital's CFO takes over on interim basis, Apria.com, May 8, 2009