Alabama DUI Lawyer Blog

The Press-Register reports that a Mobile man was arrested by police on charges that he was under the influence of marijuana and alcohol when his vehicle struck a boy on his bicycle recently.

Alabama DUI attorneys believe that every drunk driving arrest in Alabama should be reviewed and we are glad to be the attorneys who do it. Whether charged with a DUI first offense or charges as serious as DUI assault and manslaughter, oftentimes the charges can be reduced, dismissed or beaten at trial.

In the Mobile incident, a 38-year-old man is charged with DUI, second-degree possession of marijuana and third-degree assault. The boy was treated and released from the University of South Alabama Medical Center.

Though the article doesn't specify, it's likely that drug testing, field sobriety tests and breath tests led to the determination by police that the defendant was drunk and/or high at the time he was driving. These are all areas that an experienced DUI attorney will challenge. Police are alleging it -- they man or may not have determined it. Marijuana stays in a person's system for up to 30 days after consumption -- long after it has any impact on a person's ability to drive. Too often, a driver who is believed to be drunk or high is automatically blamed for an accident, regardless of whether or not he is at fault. Thus, what may be a tragedy involving a boy and his bicycle suddenly becomes a criminal case against the driver.

Alabama field sobriety tests are often not justified in the first place. An officer has to have probable cause to stop a vehicle. That can be based on any type of traffic violation that they witness. But occasionally, the officer administering the field sobriety tests, which include following a finger, walking in a straight line or standing on one leg, isn't properly trained. A violation of department policy in giving the tests can also be a factor in your case. And in some cases officers give the "alphabet test" or other tests that are not nationally recognized.

Increasingly, Birmingham breathalyzer tests are unreliable in court. There are examples across the country where manufacturing defects or other problems with these devices are causing prosecutors to drop charges against DUI defendants. Alabama DUI attorneys will examine this evidence in your case.

As most people know, DUI charges carry with them a form of public humiliation. But they are serious charges that can be punishable by incarceration, hefty fines and fees, loss of your driver's license and mandatory attendance of DUI schools and programs.

But there are ways to beat DUI charges in Alabama. Let an experienced Jefferson County law firm help you do it.

Continue reading "Mobile DUI Suspect Was Drunk And High, Police Say" »

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" »

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" »