Alabama DUI Lawyer Blog

Take a recent "Police Report" on AL.com and look at what proof of a crime there is.

This online article lists the names, ages, and cities where 15 people live who were recently arrested and charged with DUI. It doesn't even show any facts of what happened, why they were stopped, why the officer pulled the driver over or any proof they are guilty.

Yet, there they are, plastered for anyone on the World Wide Web to see, as if they're guilty of DUI in Tuscaloosa, or anywhere else. This is only one side of the story. Our experienced DUI Defense Attorneys in Tuscaloosa and Birmingham know that fighting these charges is the one way to really clear your name after you've been arrested.

Sadly, the newspapers have shrunk in size year after year because of lower profits and the rise of the blogger. And with less staff to do a quality job, they rely on these cheap reports written by interns, most likely, to get people to read the "news" they put on these websites.

This includes these "police reports," which take the police department or sheriff's office's word for it and publishes the names of those who were arrested. Sadly, even if the charges are dropped two days later, the names can stay up there for months or years to come. Of course there are no subsequent articles detailing the prosecutor's decision to drop the charges.

But the only true way for a person to clear their name is by fighting a DUI charge. That requires an aggressive DUI defense, which first off includes attacking the police officer's observations and actions. Law enforcement officers must be very careful when they conduct a DUI investigation because there are certain steps they must take and if they don't it could result in charges being dropped.

First of all, why they decided to stop the vehicle is the first thing that should be looked at by the defense. They must have a valid reason for stopping the vehicle in the first place, whether it's for swerving in and out of lanes, running a stop sign or red light or sudden stopping and starting.

Sometimes, officers don't have a reason for the stop and everything that happens after that point must be thrown out, however damaging the evidence. A driver has a Fourth Amendment right not to be subjected to illegal search and seizure, which includes a person being investigated for DUI.

Follow that up with the police officer's observations when conducting field sobriety tests in Tuscaloosa. This includes walking and turning, following an object from side-to-side while having a flashlight shone in your face and standing on one leg. While officers may say that a person blatantly failed these tests, certain medications, health effects and wet roads or windy weather conditions can all have an effect on these tests.

When an officer pulls someone over, though, they are set on proving the person is guilty of DUI, so it can almost be an uphill battle not to get arrested for DUI once you've been pulled over. Even by explaining that an outside factor other than drug and alcohol abuse is causing a poor performance on a field sobriety test, an officer may choose not to buy it and make the arrest anyway.

Eye witness accounts, including a vehicle passenger or those outside a vehicle, as well as the cop's video surveillance device from their cruiser, can all go to helping a defendant who is charged with DUI. These cases take a lot of work and require an attorney who has the experience to help restore your good name.

Continue reading "Expect Public Humiliation If You Get a DUI in Montgomery" »

A Navy commander from Birmingham was recently charged with DUI in Albany, N.Y. and he has been fired, the Navy Times is reporting.

It's sad that the U.S. Navy would fire an experienced and valuable naval officer after an arrest, when he hasn't even been convicted. But many companies and public offices are the same way. People trust in police to be right and so they think that an arrest means the person is guilty. But that's simply not the case.

DUI in Birmingham is a complex case and goes far beyond simply being pulled over. There are many different factors that go into DUI defense and an experienced Birmingham DUI Defense Attorney is able to bring up those points and successfully defend a client in many instances.

In the case of the 30-year Navy veteran, he was arrested August. 20 in Albany. The Navy said in a press release that he was fired because of a "loss of confidence in his ability to command." The Birmingham native enlisted in the Navy in 1981 and was a chief petty officer before he earned his commission as a limited duty officer in 1992.

The Navy released no other details about his arrest, other than he was cited by the Albany Police Department for driving under the influence.

What's sad about the situation is that his bosses have jumped to a conclusion with little proof. Being arrested for DUI doesn't mean the end of the world. It simply means the officer had an opinion based on observations that you may be drunk.

Even if a person is given a field sobriety test and "fails," according to the officer, those results can be refuted. If a person has balance problems that a doctor can testify to, that can explain why they didn't do well on the walk and turn and one-leg stand tests. If they have eye problems, having a bright flashlight right in their eyes while watching something go from side to side may not be possible.

The weather and road conditions can also explain why someone may fail a field sobriety test. Having to walk in wet or unstable gravel can be difficult and can cause someone to slip. If the officer isn't paying attention as well as he or she should, details about loose gravel could be missed, leading the officer to deem the person as failing the test, when it's not their fault.

The weather is also a factor. If the roads are wet, it can be difficult to walk on them anyway, especially if a driver is wearing heels or shoes with slick bottoms. So, a person can slip and the officer can use that as an excuse to cite them for DUI.

But the officer's dash video can actually help a defendant in this situation. In most police cruisers, when the lights are activated, the video on the dashboard starts automatically recording. If a person is pulled over, the lights usually stay on so that other drivers slow down and get out of the way. But the video can be used to refute what the officer's observations were, especially if there are witnesses in the vehicle with the driver who can also dispute what the officer says.

Continue reading "Navy Commander From Birmingham Fired After DUI Arrest in New York" »

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" »

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" »

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" »

As previously predicted in the Alabama DUI Lawyer Blog, Alabama is close to pushing through legislation that would require certain drunk driving convicts in Alabama to install ignition interlock devices on their vehicles, the Shelby County Reporter says.

The move by lawmakers makes it all the more important to aggressively defend a DUI arrest. Year after year, legislators move to increase penalties for drivers convicted of drunk driving. It's inevitable that as time passes, these charges will become more and more important to defend against. That's why you need a Birmingham DUI lawyer who can work to lessen the possible penalties for a conviction.

According to the news report, the bill passed the House with a 90-0 vote and now moves on to the Senate with support. Alabama is the only state in the country without an ignition interlock law on the books.

The devices hook up to the vehicle requiring 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.

If it passes, the bill would require repeat DUI offenders in Jefferson County to install the devices on their vehicles, likely at their own cost. The device would be required for first-time DUI offenders who had a .15 or higher blood-alcohol level, if a child under 14 was in the vehicle or if someone other than the driver was injured.

Alabama DUI penalties are already steep. Even a first-time conviction can cost you thousands in fines and fees, see you spending time in jail, require you pay for DUI school and cost you your driver's license for a year. As convictions mount, so do the penalties. That's why defending even the first DUI is important for your future.

A simple arrest, which doesn't prove guilt, can mean ridicule in the community, cost you your job, make getting a job difficult and cause other hardships. Protect your rights and protect your future. Call today.

Continue reading "Alabama Lawmakers Likely to Pass Ignition Interlock Device Legislation" »

It's no surprise that newspapers in Alabama are calling for the Alabama Legislature to toughen DUI laws in Alabama.

While the crime is serious, it's also the whipping boy of politicians. They love to show constituents they are tough on crime by increasing penalties. So if you or a loved one is charged with DUI, call on Alabama DUI attorneys.

The Huntsville Times in a recent editorial urged lawmakers to create law requiring the addition of an ignition interlock device to vehicles of drivers convicted of drunk driving charges. Two lawmakers have sponsored bills that would require the devices for repeat offenders and first-time convicts whose blood-alcohol level is .15 or greater, which is almost twice the .08 legal limit.

The newspaper believes adding the punishment would make streets and highways safer because there are many multiple DUI offenders statewide. As discussed in the Alabama DUI Lawyer Blog recently, Alabama is the only state in the union without an ignition interlock device law on the books.

These laws are just another invasion into the lives of people who make a mistake. DUI has become a very political offense, possibly more than any other type of crime. And lawmakers will continue upping the hoops a convicted drunk driver has to jump through.

But many of these people simply had one beer too many or were caught in a sobriety checkpoint run by police. Sometimes, they are unfairly targeted. A first offense is often the most beatable while the tiered nature of the state's DUI laws ensure a subsequent offense will come with harsher penalties.

Field sobriety tests may not have been properly performed. Often, rookie officers don't know the proper procedures for administering these tests. Sometimes, overzealous troopers so desperately want an arrest they mistake drowsiness or reaction to a medication as drunkenness.

Often, breath tests give out incorrect readings. States across the country are reeling from manufacturing errors and other problems that cause breathalyzers to give out bad readings, leading to improper convictions.

There are defenses. So, while legislators mull trying to stiffen the penalties for DUI, you should be thinking about hiring an Alabama DUI attorney committed to fighting beside you.

Continue reading "Newspapers Want Tougher Alabama DUI Laws; Strong Birmingham Drunk Driving Defense Crucial" »

Kansas legislators are working toward requiring first time DUI offenders to use ignition interlock devices in their cars, The Wichita Eagle reports. It's a move the Alabama Legislature is also considering.

Lawmakers are constantly making the penalties tougher for drivers convicted of driving under the influence of alcohol or drugs. And while the crime already comes with a stigma attached, hiring a Birmingham DUI defense attorney who will aggressively fight the charges may save your reputation and even your job.

In Kansas, lawmakers are close to pushing a bill into law that would require first time DUI offenders to use interlock devices in their cars. Alabama, however, is the only state in the country that doesn't have an ignition interlock device law on the books, according to the National Conference of State Legislatures. Most states require or allow for an ignition interlock device to be installed for first-time offenders.

An ignition interlock device is like a breathalyzer machine attached to your vehicle. You would be required to blow into a tube in order for the vehicle to start. Otherwise, the ignition is locked so that someone who has consumed alcohol can't start the car simply with a set of car keys.

Under Alabama law, if a driver's blood alcohol content is .08 or above, they can be charged with driving under the influence. A first offense in Alabama could mean suspension of your driver's license and up to a year in jail. And fines, fees and other requirements can make your life difficult.

But Alabama lawmakers haven't stopped there. Bills in the House of Representatives and Senate would require the interlock devices for first-time offenders.

DUI is a politically charged crime that lawmakers love to show constituents they are fighting by increasing penalties. Judges, who are elected, like to show voters they are tough on the crime, too. That's why you need a seasoned attorney willing to go to battle for you.

Continue reading "Alabama Lags in Ignition Interlock Device Penalty for DUI, But It's Coming" »

Deferred prosecution of Alabama DUI charges could help a Fultondale city councilman get his job back, the Birmingham News reported.

There are many ways a Birmingham drunk driving defense attorney can attack a case. Alternative sentencing can be an option in some cases. And pushing for a reduction in charges is often possible, particularly for a first-offense DUI charge in Alabama.

The 27-year veteran of city council was removed after missing 90 days of council duties; the city has moved to fill the vacancy. He was arrested Dec. 15 at Montevallo Road and Pine Crest Road. The agreement with prosecutors means he will not be prosecuted for drunk driving if he completes counseling and public service. He is now seeking to be restored to his old position on council.

Other ways to challenge a case include:

-Questioning the accuracy of field sobriety testing.

-Questioning or explaining physical signs of intoxication.

-Other issues with field sobriety testing.

-Issues that may affect breath test results.

-Conduct and training of the officer involved.

-Probable cause for the traffic stop.

-Review of video evidence.

-Maintenance of breath testing machine.

-Improper filing of charges.

-Inaccuracy of blood test results.

Continue reading "Deferred Prosecution of Alabama DUI Charge may Restore Councilman to Position" »

The Foley Police Department, ranked sixth in the entire state for the largest number of drunk-driving arrests in Alabama cities, according to Alabama Live. These ranks were revealed by statistics compiled by the Alabama Department of Forensic Sciences. Birmingham came in right behind Foley in the arrest race.

"We’ve been very proactive in this," said Lt. Thurston Bullock, director of the Foley police patrol division. "We have one officer who was assigned specifically to this and who’s been able to focus his efforts on that, but it’s not just one officer. All of our officers have been very active in this."

Our Birmingham DUI defense lawyers would like you to understand that when a particular department excels in their number of DUI arrests, it doesn't mean that more drunk drivers are hitting our roadways. It typically means that officers are conducting more questionable stops. An experienced attorney needs to be contacted if you've been involved in one of these stops as charges can oftentimes be reduced or dismissed.

The Foley Police Department assigned officers to focus on tracking down and arresting drunk drivers in the city in 2008. During the same time period, the department created a DUI Enforcement unit. Both the unit and the designated officers were assigned to special details during holidays and other traffic-active times when drivers may be more likely to be drinking and driving.

The officer tied for third place statewide in the number of DUI citations and tickets written by a single officer. In 2010, he wrote more than one-third of the 305 citations issued for drunken driving in Foley.

The cities, listed in order, with the largest amount of DUI tickets issued were Huntsville with 989, Auburn with 473, Mobile with 453 and Decatur with 421.

Since then, the Foley Police Department has not broken down the arrest info to determine where the alleged drunk drivers lived; if they were residents or just motorists passing through. The Department of Forensic Sciences releases a yearly report with the total number of DUI arrests in Alabama.

Some estimate that roughly 1 in 4 victims facing a DUI charge are not convicted. If you're facing a DUI charge, it's up to you to be proactive in defending your rights.

Continue reading "More DUI Arrests in Alabama Doesn't Necessarily Mean More Drunk Drivers on Our Roads" »

A 56-year-old member of the Athens school board was hit with an Alabama DUI charge on Tuesday afternoon after a witness reported seeing a motorist run over a stop sign, according to the Huntsville Times.

A Birmingham DUI defense attorney should be consulted as soon as possible after a motorist is charged with drunk driving. In cases where an accident is involved, pictures should be taken and other evidence collected regarding the facts and circumstances of the crash -- even if the allegations only involve property damage.

Too often, there is little or no attempt at investigating the cause of a crash once a drunk driving allegation is made. In cases involving serious or fatal injury, the consequences of a conviction can mean years behind bars. But even in cases where property damage is alleged, as when a motorist strikes a parked car, mailbox, or street sign, probable cause can become an issue if it's shown that the accused motorists is not responsible for causing the crash.

Athens police say the school board member could not "satisfactorily complete" a field sobriety test and was brought to the police station, where he tested with a blood-alcohol level of .21 -- over the legal limit of .08. A witness says the defendant's van hit a stop sign on Lucas Ferry Road at Jeffrey Street. He was arrested after pulling into his driveway. He has been a school board member since 2006 and had recently applied for re-appointment.

We are not sure what the term "satisfactorily complete" means when it comes to field sobriety testing. Such testing is conducted so that an officer can gather evidence (in his opinion) of your guilt. As such, we are tempted to say there is no such thing as "satisfactorily complete." Let's just say that it is exceedingly rare that an officer charged with gathering evidence of your guilt will give you a subjective test that does not result in an opinion that you are guilty!

Too often, a motorist will attempt to take the tests with the hopes of "passing." This is rarely (if ever) the case.

This case also illustrates the importance of getting out in front of a case when it comes to the court of public opinion. It has become increasingly more common for drunk driving charges or convictions to lead to job loss or other consequences at work. Hiring an experienced defense attorneys is typically money well spent (a DUI conviction can cost $10,000 or more in fines, jail time, court costs, increased insurance premiums and other costs) but that is never more true than when a job or political office is at stake.

Continue reading "School Board Member Charged with Drunk Driving in Alabama" »

Baldwin County Now reports a local police officer tied for third most DUI arrests in the state -- the department as a whole filed 305 Alabama DUI charges last year. The Foley DUI Enforcement Unit was established in 2008.

Birmingham DUI defense lawyers know such special enforcement units frequently lead to marginal arrests. Putting such emphasis on making arrests for a specific crime can make an officer predisposed to pulling motorists over without probable cause.

"(The officer) has consistently ranked in the top 10 every year since the unit was established," Lt. Thurston Bullock stated in a press release. "This year is no different. He tied for third place with a Huntsville officer and accounted for more than one out of three of the arrests made within the Department. His efforts, along with the combined teamwork of all the officers, has placed the Foley Police Department in sixth place among much larger municipal agencies with 305 total arrests for 2010."

An officer must have probable cause before stopping your vehicle for suspicion of drunk driving. This is why seemingly every DUI police report in the nation references marked lane violations or another often minor alleged traffic offense. Once stopped, an officer must also have probable cause to request that you perform field sobriety testing or submit to a breathalyzer examination. This is where the "odor of alcohol" and "glassy bloodshot eyes" wording often appears.

When departments overemphasize DUI stops, an officer may play fast and loose with probable cause. Those chasing state recognition for making such stops -- or those who win the awards year in and year out (you know who you are) -- also may be prone to making questionable stops. Initiating stops after dark on commercial work trucks with ladder racks is an old law enforcement favorite; the theory is the work crew stopped for happy hour.

In each case, it's up to the defendant to assert his or her rights by hiring experienced defense counsel. First-offense charges are often the easiest to defend, or at least seek a reduction or minimal sentencing options. And the tiered nature of Alabama's drunk driving laws make a subsequent violation all the more serious.

And if you don't think having a drunk driving conviction on your record is a real good way to get stopped by a "task force" officer, think again.

Another issue with overemphasizing DUI enforcement is that it may result in stops made by officers who lack the proper training. This happens most frequently at sobriety checkpoints or during increased enforcement often conducted through holiday travel periods -- desk personnel or auxiliary or reserve officers are often utilized on patrol. When an officer lacks the proper training to make a DUI stop and arrest, a defendant may have multiple avenues through which to seek a dismissal.

Again, it will be up to the motorist to consult an experienced Birmingham drunk driving defense lawyer. Local law enforcement hopes you just plead guilty and let them go on about their business as usual.

Continue reading "Probable Cause often an Issue for "Task Force" DUI Arrests in Alabama" »

Whether you live or work in Tuscaloosa, Fayette, Blount or any of Alabama’s other counties, nobody expects to be arrested for driving under the influence of alcohol. Here in Jefferson County, my Birmingham DUI defense law firm understands the anxiety that motorists can experience during and after a DUI stop. From first-time drunk driving and prescription drug DUIs, to repeat felony drunk driving charges, this is serious business.

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.

Continue reading "Birmingham DUI Update: What to Do When Facing a First Drunk Driving Offense in Alabama" »

Sometimes it is interesting to see how reality tracks with local laws. As a drunk driving defense lawyer representing folks in Jefferson, Shelby, Cullman and surrounding counties, I frequently see how DUI arrests occur in supposedly dry Alabama counties. The question is whether or not selling alcohol in one area translates to the instances of arrests of motorists allegedly driving while intoxicated.

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

It should be no surprise by now that as a Birmingham DUI defense attorney I have little sympathy for elected officials, law enforcement professionals and judicial officials who do not hold themselves to the same standards that other Alabama residents are expected to meet. If there is one thing that cannot be tolerated, it is the hypocrisy of persons who hold positions of authority.

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

It’s no secret that defending against drunken driving charges can be costly. However, not getting the proper defense can be just as expensive, and not simply in financial terms, but also the restricted lifestyle that a DUI conviction can cause. As a Birmingham drunk driving defense attorney, I can say without hesitation that court fines and fees coupled with increased insurance premiums following a conviction for driving under the influence of alcohol can add up to a substantial hit on one’s wallet.

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

Whether a drunk driver is from Mobile, Tuscaloosa, Montgomery or anywhere else in Alabama, he or she may be surprised to learn that BAC-measuring devices (breathalyzers) can record falsely high blood alcohol content readings that in no way represent a driver’s actual state of drunkenness or sobriety. As a Birmingham DUI defense lawyer, I can say with some certainty that some people charged with driving under the influence of alcohol were in reality not legally drunk at the time. It’s all due to breathalyzer error.

While body weight and the interval between your last drink and having your breath tested are factors that affect BAC measurement, other factors can greatly affect the results from a breathalyzer machine, many of which are in use across the state by Alabama state police and other municipal and local law enforcement departments. Also surprising is that smoking can result in these false readings.

Research has been conducted that indicates smokers have a greater chance of being accused of DUI due to high BAC readings from a breath test. Actually, breathalyzers don't really measure alcohol. They are made to detect any compound containing compounds in the methyl group of molecules. These testing devices assume and methyl molecule in a person’s breath is from alcohol. This is very important information for Alabama motorists who smoke, because these machines cannot distinguish the difference between alcohol and acetaldehyde.

If you’re wondering, acetaldehyde is a compound produced by the liver in small amounts as a by-product in the metabolism of alcohol. Scientists have determined that acetaldehyde concentrations in the lungs of smokers can be greater than that of non-smokers – often many times greater.

This is why it is quite possible that a smoker arrested for drunk driving based on a breathalyzer test is much more likely to have a falsely high BAC reading. It has also been discovered that cigarette smoking can influence the human body's absorption of alcohol.

Research on smokers found that venous blood alcohol concentration-time curves between zero and 30 minutes and 60 minutes and the peak BAC were significantly less during the smoking period compared with the non-smoking period. This scientific study concluded that the effect of smoking on alcohol absorption has "considerable social and medicolegal relevance," and that the ingestion of nicotine should be taken into account when dealing with legal issues involving alcohol metabolism.

This is just one more reason why anyone charged with DUI should consult with a qualified drunk driving defense lawyer as soon as possible to discuss his or her case. Under no circumstances should anyone assume they have no defense simply because a machine said you were driving drunk, especially in the case of a first-time DUI offense.

Law enforcement authorities in the Montgomery area and across Alabama logged numerous DUI arrests and noted a significant reduction in fatal car accidents during the recent “Take Back Our Highways” safety campaign that ended this past July 31. As a Birmingham drunk driving defense lawyer, I commend local and state police for their efforts. At the same time, I worry that some of those 185 driving while intoxicated arrests may not have been “by the book” or based on good evidence.

The drunk driving and traffic offense crackdown, which was in effect for the last week in July, resulted in more than 16,000 tickets being issued to motorists across the state. In my experience, not every ticket, summons or arrest can stand up in a court of law. For those drivers accused of driving under the influence of alcohol, many factors can affect the veracity of the prosecution’s evidence.

For instance, breathalyzer testing equipment must be maintained correctly, otherwise the results can be erroneous to the point of being meaningless during a trial. And even if the machine is working correctly, the factors affecting blood alcohol content, or BAC, can vary widely, and from one individual to the next. Don’t assume that because the machine said you were legally drunk that it will stand up in court.

In fact, the prosecutor in charge of your DUI case may bring up a number of points in an effort to prove that you were operating your car or truck in an intoxicated state. Factors such as the “odor” of alcohol on the breath, erratic driving, a disheveled appearance or “acting” as if drunk, exhibiting poor field sobriety test (FST) performance, plus the results of a breath or blood alcohol (BAC) test. All of these are ways in which prosecutors try to influence the court to make a guilty judgment against you.

But what the prosecution tends not to mention and hardly ever bothers to point out is that each of these "evidence" types are ambiguous and subject to a variety of interpretation. Furthermore, they are often unreliable and result in faulty assumptions.

This is why you need to rely on an experienced Alabama DUI defense attorney. A qualified drunk driving lawyer will call into question each of these erroneous types of so-called evidence. I know my way around a courtroom and I know the way prosecutors go after alleged DUI offenders. Don’t take a drunk driving arrest or summons lightly. Contact an attorney that can fight aggressively for you.

Fewer fatalities during 'Take Back Our Highways' campaign, WAFF.com, August 4, 2009

Some folks just make things difficult for themselves, which, in a way, is why DUI defense lawyers are here to help. As a drunk driving defense attorney based in Birmingham, AL, I’ve represented my share of tough driving while intoxicated cases. With my vast experience in defending clients accused with driving under the influence of alcohol or drugs in Alabama, I understand the way the prosecution typically handles such cases, and that’s important to my clients.

Recently, two men -- who were ultimately caught and charged with drug DUI and a litany of other drug possession offenses -- led police on a high-speed car chase through northeastern Alabama. It all began just before 10pm after police arrived at the scene of a separate traffic accident on Dean Road in DeKalb County.

According to police, one of the suspects, 39-year-old Phil Harris Bryant, was allegedly involved in that first accident, but that man left the scene after being picked up in a Pontiac Bonneville driven by the second suspect, Stephen Crane Alexander, 45. An as yet unnamed woman was also traveling with Alexander as a passenger, according to news reports.

Not long after, Fort Payne officers stopped Alexander’s Pontiac. The police reportedly removed Alexander from the vehicle and attempted to arrest him on suspicion of DUI and violation of narcotics law, but Alexander apparently broke away from them. Officers used a Taser on the man, but Alexander still was able to get back into his vehicle and leave the scene with the other two passengers aboard.

The police gave chase at speeds occasionally exceeding 100mph heading into Cherokee County. During the pursuit, police observed objects -- possibly narcotics and drug paraphernalia -- allegedly being thrown from the vehicle. The chase covered about 20 miles and lasted for about 15 minutes.

The chase ended when the suspects’ vehicle hit a tree in Menlo, GA. Bryant had already jumped from the vehicle during the chase and was picked up by the police. The driver and the other passenger fled on foot after the crash, but Alexander was caught soon after. The woman remains at large, though police have a warrant for her arrest.

Police charged Alexander with DUI of a controlled substance, resisting arrest, reckless endangerment and unlawful possession of a controlled substance. Bryant was charged with unlawful possession of a controlled substance and possession of drug paraphernalia.

Continue reading "Drug DUI Suspects Lead Alabama Police on High-speed Car Chase" »

Arrested for DUI in Birmingham or Mongomery, Huntsville or even Dothan? Why even hire a drunk driving defense attorney now that you're caught? Maybe you were recently pulled over for DUI or received a summons for being intoxicated while sitting in your parked car. Were you drunk? Perhaps. Was a charge of drunk driving really warranted? Maybe, and maybe not. Just like any other aspect of the law, not every DUI case is completely cut and dried.

As a Birmingham DUI defense attorney, many of the clients I see feel they were unjustly accused. While some may have broken the law, they also understand the consequences of a DUI conviction and want to try to improve the outcome. But it’s the people I don’t see that I worry about most -- the folks that believe they “deserved” it or that there is no way to fight the charge. That’s just plain wrong thinking.

One thing that makes people believe the state has a solid case against them is the results of a breath test. You should know that blowing a reading over the legal limit -- more than 0.08 percent blood alcohol content (BAC) -- does not automatically mean you will be convicted of a DUI charge. So don’t simply think you are out of luck because the Breathalyzer registered a high 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.

If you, a family member or someone you know has been arrested for drunk driving in Birmingham, Alabama, or surrounding areas, the following information may be of help. Many people who get pulled over for driving while intoxicated realize that they have no true defense. As a skilled Alabama DUI Attorney, some of my clients have asked me what their options are when the police clearly had them “dead to rights.” Although this may seem like the end of the road, it may not be.

Under some circumstances it is possible to negotiate a “deferred prosecution” for an Alabama DUI charge. Using this approach, as opposed to fighting the DUI charges in court, is sometimes advisable when there are no other grounds to have your Alabama DUI charge dismissed. If a lawyer believes his client cannot prevail in a jury trial, or in situations where the client/defendant seeks to end the drunk driving nightmare as quickly and as cheaply as possible, the deferred prosecution avenue is sometimes the best choice.

In a deferred prosecution, a person who is charged with an Alabama DUI basically agrees to plead guilty. In such instances, as long as the defendant completes certain requirements (which differ slightly from one jurisdiction to the next), the drunk driving charges are dropped.

A typical Alabama DUI deferred prosecution requires the defendant to pay fines, attend alcohol abuse classes, take random drug and alcohol screenings, and complete community service. Normally the defendant will have approximately six months to complete these requirements. If the requirements are met, the prosecution dismisses the DUI charges.

This is a beneficial strategy because your permanent record is at stake. Just one DUI conviction can be devastating to an individual; it can result in the loss of a job or the end of a career, cause an increase in insurance premiums, and stay on your record forever. Deferred prosecution eliminates most of the serious and lasting consequences of an Alabama DUI charge. Deferred prosecution can be offered to those with multiple Alabama DUI convictions as well.

As an Alabama DUI lawyer, I have participated in numerous deferred prosecution negotiations. It is essential that anyone charged with a DUI in Alabama hire an experienced Alabama DUI lawyer who can get you the most attractive deal possible. Deferred prosecution is not guaranteed, nor is it offered to everyone. Unfortunately, I have seen way too many Alabama DUI defendants go to court without hiring an attorney and end up with a permanent criminal record when they would otherwise have qualified for deferred prosecution.

Today I will pick up my discussion of the various ways to fight an Alabama DUI charge; If you or someone you know has been arrested or charged with Driving Under the Influence of Alcohol, this second part of my 20 ways to beat your DUI may be helpful (the first part can be found on my April 28 blog). Below are five more ways a skilled and knowledgeable Alabama DUI lawyer or attorney can help you beat a DUI charge:

6.  Rising Blood Alcohol Level:

A suspect arrested for DUI can blow a 0.15 at the police station, yet have had a 0.07 BAC at the time he was pulled over. Why? This due to the fact that alcohol takes an average of 50 minutes -- but as long as three hours -- to be fully absorbed into a person's bloodstream, thus creating a peak in blood alcohol level. This is critical, especially if the DUI traffic stop happens relatively soon after an individual has finished drinking.

In this case, your blood alcohol content was likely still rising when you blew in the breathalyzer. This means that even if your BAC was above 0.08 when the blood draw or breath test occurred at the police station (or hospital), it may well have been below 0.08 when you were actually driving. There is no law against having a BAC above 0.08 at a police station; it’s only the blood alcohol level while actually driving that counts for DUI purposes.

7.  Alabama Law Requires a 20 minute Observation Period Before The Breath Alcohol Test:

Alabama regulations require the officer to watch the DUI suspect continuously for at least 20 minutes prior to administering the breath alcohol test. The officer must make sure that during this period the person does not consume anything, burp, belch, hiccup or regurgitate. Any of these may cause alcohol to travel from the stomach to the mouth. Blowing this “mouth alcohol” into the breath machine triggers an exaggeratedly high BAC reading.

Officers rarely follow this required observation procedure. They usually perform paperwork, write reports, set up the machine and converse with their partners, diverting their attention from the DUI suspect who must be watched vigilantly during this period. Failure to follow this procedure casts doubt on the validity of the test result, and can sometimes get the test thrown out of court altogether.
 

8.  Inaccurate Blood-Breath Partition Ratio -- Ratio is should be based upon Individual Differences:

DUI breath testing assumes that “breath alcohol” accurately reflects blood alcohol based on a 2100-to-1 partition ratio. This assumption rests on the proposition that the average ratio across the population is 2100-to-1. But studies reveal that the ratio of blood to breath varies greatly among individuals.

A DUI suspect with a ratio lower than 2100-to-1 will generate an inaccurately high reading from a breath alcohol test. And there’s no way to determine what a given person’s ratio is, or what it was at the time of the DUI breath test.

9.  The Police Officer Failed To Read You Your Miranda Rights:

Police must advise you of your Miranda Rights in a DUI case if (1) you are in custody and (2) they question you seeking to illicit an incriminating response. If the officers continued to interrogate you after placing you in custody for DUI, and did not first read you your Miranda rights and obtain a valid waiver, then your post-custodial statements will likely be excluded from evidence.

10.  Alcohol On Your Breath Does NOT Mean You Are Under the Influence:

In explaining why he believes you were drunk, the DUI officer almost always mentions smelling “a strong odor of alcohol on the suspect’s breath.” But the officer looks foolish on cross-examination when he admits that alcohol itself (ethanol) has no odor. Rather, it’s the mixing agent or flavoring that produces the odor we associate with alcohol. If you doubt this, go to the market and buy a 6-pack of a non-alcoholic beer. It tastes and smells just like beer; but it contains no alcohol. Also, vodka is a colorless and odorless alcohol. You could drink a gallon vodka and your breath would not smell.

Indeed, laboratory studies show that police officers' perceptions of how strongly a person’s breath smells of alcohol simply doesn't correlate with his/her actual blood alcohol level. All that can be gleaned from the odor of alcohol on the breath” is that a DUI suspect probably consumed some alcohol recently. But it does not provide evidence that the person drank enough to be under the influence or to have a BAC of 0.08 or higher.

Don’t think for a moment that a DUI arrest will automatically result in a conviction, fines or jail time. I’ll say right now as a professional Alabama DUI Attorney that the situation is never hopeless or inevitable.  Time and time again, I am asked by potential clients about the how practical it really is to fight against an Alabama DUI charge.  I always respond one way: Clients retain my firm, and pay me very well, for one reason, to fight Alabama DUI charges and win.  Pleading guilty to a DUI charge is, in most instances, not the answer. 

Prosecutors in charge of DUI cases will point out several factors to try and prove you were operating a vehicle under the influence of alcohol:  the odor of alcohol on the breath, driving erratically, you appeared disheveled and acted as if intoxicated, exhibited poor field sobriety test (FST) performance, plus the results of a breath or blood alcohol (BAC) test.  What the prosecution will not mention or point out, and what you must rely on an experienced Alabama DUI defense lawyer and attorney to call attention to, is that each of these "evidence" types are each ambiguous, subject to a variety of interpretation, often unreliable, and result in faulty assumptions.  Over the next few posts I detail and explain 20 possible DUI defenses a good Alabama driving under the influence of alcohol attorney or lawyer can use to win a not guilty verdict in your DUI trial. 

1. Factors Other Than Alcohol Can Cause Poor Performance On DUI Field Sobriety Tests

   Even if you performed less than perfectly on the DUI field sobriety tests, this may be attributable to unfair test conditions such as:

   • The tests occurring on uneven surfaces or slippery terrain
   • The distraction of flashing lights and traffic whizzing by
   • The test area being too dark or amidst glaring lights
   • Cold temperatures, rain or wind
   • Unsuitable footwear—such as boots, high heels or dress shoes
   • Nervousness, anxiety and/or frustration

   Most people who had nothing to drink would still struggle with the FSTs under these conditions. The upshot is this: even if you struggled on the roadside tests, this may well be attributable to the setting and circumstances rather than attributable to you being intoxicated.  If you do not believe me, simply try the standardized field sobriety test at home, in a comfortable setting, on a steady floor, without any nervousness or anxiety.  This is often enough, when combined with a skilled DUI defense litigator to raise reasonable doubt in jurors minds as to whether or not you were indeed intoxicated.

2. There Are Often Innocent Explanations For The Symptoms Of Intoxication

   Police officers almost always claim to have observed certain “objective symptoms of intoxication” in the DUI suspect. The standard list includes:

   • Bloodshot and watery eyes
   • Slurred speech
   • A flushed face and
   • An unsteady gait

   DUI police reports feature pre-printed boxes for these symptoms that officers merely check off. Of course, the officers almost never photograph, videotape or audiotape the DUI suspect so that jurors can later judge for themselves whether and to what extent these symptoms were present.

   In any event, non-alcohol causes often explain these observations. For example, fatigue, allergies and eye strain cause bloodshot eyes. Nervousness, embarrassment and anger over the DUI traffic stop cause flushing. Intimidation and fluster cause slurred speech.

   The officer rarely takes these innocent explanations into account. The DUI defense attorney must emphasize to the jury that the evidence is just as consistent with non-alcohol explanations as it is with intoxication.

3. Breath Testing Machines Mistake Other Chemicals for Alcohol

   DUI Breath alcohol testing machines also detect non-alcohol compounds, which they frequently mistake for alcohol. Among the compounds most commonly mistaken for alcohol are ethylene, toluene, nitrous oxide, diethyl ether, acetonitrile and isopropanol.

   The presence of any of these compounds in the DUI suspect’s lung tissue will likely cause a false, or falsely high, blood alcohol reading. We find that people frequently ingest these compounds at work or in other environments where the chemicals are present.

4. The Presence of Mouth Alcohol Can Contaminate The Breath Alcohol Test Results

   Ideally, DUI breath testing devices detect alveolar air of the deep lungs, which is loosely correlated with blood alcohol level. But the breath testing machine can be “tricked” by latent alcohol in the mouth—often caused by burping, belching, or the recent use of cough syrup, cold medicine, mouthwash or breath spray.

   When the breath testing machine picks up mouth alcohol rather than deep lung air, it gives BAC readings greatly higher than the true BAC. This becomes a particular problem for DUI arrestees with dentures, denture adhesives, braces, cavities, food impactions, orthodontic work or who have food particles trapped between their teeth (as all of these conditions tend to produce mouth alcohol).

5. Field Sobriety Tests Wrongfully Convict 33% of DUI Suspects and Provide A Very Poor Measure Of DUI Impairment

   Even when the standardized field sobriety tests are administered perfectly (which is rare), they still provide a very inaccurate measure of whether a DUI suspect is impaired. According to NHTSA, for example, the one leg stand test has a 65% accuracy rate and the walk-and-turn test a 68% accuracy rate.  Not only do these stats. presume a perfectly administered test, they also assume every person is physically the same, without disability, inner ear problems, or infirmity in any way. 

   This means that if people were convicted based on these roadside tests, one third of them would be innocent and wrongly convicted. Or, viewed another way, when officers arrest DUI suspects based on failing these tests, one in three suspects is wrongfully arrested.