Alabama DUI Lawyer Blog

The Decatur Daily reports that law enforcement will be searching for drunk drivers through Labor Day weekend, another effort by the police to track down DUI drivers in Birmingham and throughout Alabama.

As we've said before in the Alabama DUI Lawyer Blog, these concentrated efforts by police aren't necessarily a great idea. For one, these officers are told they must make DUI arrests. Imagine if state and local authorities spent thousands of dollars on overtime, telling the media and public they are going to do DUI enforcement and then when asked for their numbers, they arrested only a handful of people for DUI? There would be many questions about what they did with all that time and effort.

And because officers are working overtime hours and must stay out on patrol all night, sometimes their judgement -- just like the judgement of the average driver -- can be poor. Officers can slip up and make arrests either without probable cause or without affording drivers the rights they deserve under the law. If either of those things happen, an experienced Birmingham DUI Defense Lawyer must be hired to point out those problems.

According to the article in Decatur, authorities there, as well as police throughout the state and nation, will be participating in the "Drunk Driving: Over the Limit, Under Arrest" campaign that authorities conduct around every major holiday. The campaign started August 19 and will run through Labor Day weekend, the first weekend in September.

Officers will be using increased patrols and roadblocks to target drunk drivers, authorities said. Driving drunk means operating a vehicle with a blood alcohol content level of .08 or higher. That's the state's legal limit.

As the Alabama DUI Lawyer Blog pointed out recently, Alabama authorities held 2,500 roadblocks in 2010, a huge amount of resources that could have been used in other needed areas.

As Birmingham DUI Defense Lawyers have said before, roadblocks are a violation of a driver's Fourth Amendment right to not be subjected to unreasonable search and seizure. Unfortunately, in previous U.S. Supreme Court cases, the justices have ruled that DUI checkpoints aren't a violation of that right.

Drivers unknowingly have their lives interrupted while police block off a street, usually a busy thoroughfare, and inspect every vehicle, regardless of probable cause to make the stop.

Officers usually shine bright flashlights into the vehicle, ask for a driver's license and make observations, such as the driver's speech, reaction time, whether the eyes appear glassy or otherwise show signs of alcohol use.

And that's all it takes for an officer to ask the driver to step out of the vehicle and begin conducting a DUI investigation. By failing a series of field sobriety tests or blowing into a mobile breath testing device that gives an estimation above the .08 legal limit, a person can be sent to jail and under arrest for DUI, which can ruin careers, cost money and lead to jail time.

But that doesn't mean a person should just give up. There are many aspects of DUI defense that can help a person get a good resolution to their case or beat the charges altogether. Don't try to fight it alone.

Continue reading "Police Out in Force For Labor Day DUIs in Birmingham" »

The chief executive officer of a regional medical center was recently charged with DUI after being stopped by Alabama State Troopers, the Cullman Times reports.

This is yet another example of how this charge affects the everyday person. From plumbers to millionaires, DUI in Birmingham is a charge that can catch someone by surprise and leave them with a serious legal hassle. The stigma of the charge, along with the realization that the penalties are so high, can leave many people in a bad place in their lives.

Things will move quickly once you are arrested for DUI. Police will stop your vehicle, ask you to step out, blow into a breathalyzer, take field sobriety tests and before long, you could be heading to jail. You're being asked questions and you're terribly nervous. Consulting with an experienced Alabama DUI Attorney should be the first thing you do. Ask for an attorney and don't answer any questions.

In this case, the 52-year-old hospital CEO was stopped by troopers while traveling south on Interstate 65 near exit 308. Troopers allegedly stopped him for following too closely to a vehicle. According to the news article, the man was charged with DUI and stayed in jail for a night before posting bond the next morning.

In this blog, we'll discuss the initial traffic stop that law enforcement officers make and how that can be defended in a DUI case.

Officers are constantly on patrol on our roads and highways and they are on the hunt for drivers who may be guilty of various traffic infractions. While most drivers know that not all traffic violations are going to end in citations or arrests -- even some that happen right in front of officers -- others will.

At night, on weekends and especially around holidays, officers take a closer look at drivers and they are at a heightened awareness that people may be drinking and driving. For that reason, they will stop vehicles for seemingly minor traffic cases in order to take a closer look and possibly begin a driving under the influence investigation.

Here are some ways police can begin a DUI investigation:

-Swerving
-Following too closely
-Running a red light or stop sign
-Stopping and starting suddenly
-Improper lane change
-Not wearing a seat belt

Those are only a handful of the reasons police can stop a vehicle, but once they have a reason for pulling the vehicle over -- even if their real reason is because they suspect the driver is under the influence -- they can begin investigating whether the person is guilty of DUI.

But even this seemingly small detail can be challenged in court. Some people may think that it doesn't matter why the officer pulled over the vehicle if they were clearly drunk while driving. But it does matter. Everything the police do in an investigation matters.

If it can be proven that the officer lacked probable cause for the initial traffic stop, the whole case can get tossed out. That's right -- charges dropped and no conviction. Every step an officer takes must be well-documented and the proof must be clear-cut. Witness testimony can be important if it can be proven that the officer's observations were incorrect and the driver committed no traffic infraction before being stopped.

Continue reading "Cullman Hospital CEO Charged With DUI" »

A 54-year-old man who said he was driving to Birmingham was sentenced to five years and two months in a federal prison after being arrested for DUI at Eglin Air Force Base for the 10th time in 27 years, The Associated Press reports.

Multiple DUI offenders in Birmingham and throughout Alabama turn the charge from a misdemeanor to a felony. While sometimes first-time and second-time offenders can get away without spending significant time in jail, multiple offenders have a better chance at spending serious time in prison. That's why hiring an experienced and aggressive Alabama DUI Defense Attorney is so critical in protecting the client's rights.

According to the news service, the man was stopped at the west gate of the Air Force base in Destin last November. Eglin security police arrested him after he told them he was heading to Birmingham. Officers noted he smelled of alcohol, had trouble rolling down his window and opening his door and couldn't produce a driver's license.

The news service reported that when he pleaded guilty to the charge May 16, it was the 10th time he had been convicted of driving under the influence in 27 years. Because he was arrested on federal property, his case was handled through U.S. District Court.

This is a situation where no matter how many previous charges of driving under the influence a person has, each case must be proven on its own merits. That means challenging the initial stop and whether officers had probable cause to investigate as well as any breath testing and field sobriety testing that was done at the scene.

Breath testing is notoriously faulty, as manufacturing defects and improperly calibrated machines can cause incorrect readings to be registered, which can lead to unlawful arrests.

Officers will also often ask drivers under investigation to perform field sobriety tests, which include the walk and turn, the one-leg stand and the test where people are asked to follow an object while officers shine a bright flashlight into a person's face. All of these tests can be failed through physical limitations or medical problems and sometimes weather conditions that make passing them difficult. Sometimes, video surveillance from the officer's car can actually aid the defendant if it contradicts the officer's notes.

That said, it is impossible to erase past convictions for the purposes of sentencing. While a first offense, second offense and even a third offense can be charged as a misdemeanor with the punishment of possible jail time, fines and fees, registration in a DUI school, driver's license revocation and possibly ignition interlock device, fourth time offenders and onward face a felony charge.

Second and third offenses require mandatory jail time of 5 and 60 days, respectively, under Alabama law, but fourth offenses and up require up to 10 years in prison, plus higher fines and fees, more fines (up to $10,100) and longer driver's license revocation time.

Lawmakers have made the penalties so high to try to encourage people to drive sober and they will continue getting higher as the years go by. Starting in September, the state's new DUI law will go into effect, making it even more important to have a strong defense.

Continue reading "10th DUI Conviction Lands Alabama Man in Prison for 5 Years" »

A recent article out of Chattanooga suggests that Georgia law enforcement officers have conducted more than 80,000 roadblocks over the last four years, a large number of operations that use a lot of police manpower.

DUI checkpoints have been debated for years because, as defense attorneys have attempted to show, they violate a person's Fourth Amendment right to unreasonable search and seizure. Just as a police officer can't simply knock on your door and burst in looking for evidence of a crime without probable cause, Birmingham DUI Attorneys would argue that pulling a vehicle over without probable cause and beginning a DUI investigation violates a driver's rights. These and other tactics law enforcement officers use in the pursuit of DUI Arrests in Birmingham can all be challenged in court.

In 1990, the U.S. Supreme Court in Michigan Department of State Police v. Sitz ruled that sobriety checkpoints are necessary to ensure public safety and they outweigh the argument that they violate the Fourth Amendment.

According to the article, federal funding from the Alcohol-Impaired Driving Countermeasure Incentive Grant requires states to use half the money on sobriety checkpoints or saturation patrols. According to the article, Georgia has received $24.6 million from the grant over the last 10 years, while Tennessee has received $16.3 million. Numbers for Alabama weren't cited.

The Alabama Highway Patrol more than triple the number of roadblocks it has held over the last five years, holding 2,487 in 2010. Law enforcement says roadblocks are an important tool in cutting down on fatal accidents. But driver's rights advocates have said the roadblocks are a violation.

"Even from a common-sense standpoint, it is a very high number," said Gary Biller, executive director of the National Motorists Association. "With that many roadblocks, law enforcement is casting a very wide net. They are generating a reason to find probable cause."

Law enforcement is very protective of DUI checkpoints and the money they get to perform them. They tout them as life-saving endeavors, but they can also be seen as a large use of resources for a potentially small output of arrests.

Alabama DUI Lawyer Blog reported in June about how lawmakers -- at the request of law enforcement -- urged Apple to stop selling smart phone applications that showed people where DUI checkpoints were planned. Succumbing to the pressure for fear of bad publicity, Apple re-wrote its AppStore guidelines, as did the makers of Blackberry phones.

Even if arrested at a DUI checkpoint, there are defenses to a DUI charge. They include everything from challenging the initial stop (which can still be done in checkpoint cases), the field sobriety tests, if given and the breath test, if the driver submits one.

Initial stop: An officer must have probable cause for making a stop in Alabama. This can be anything from a driver with a broken tail light to swerving, running stop signs or other common traffic violations. In order words, if the officer saw a person drinking at a bar and saw them driving minutes later, but they were driving within the law, the officer can't pull them over. Checkpoints have their own unique requirements.

Field sobriety tests: These include standing on one leg balanced, following an object from side to side and walking heel to heel. Failure is based on the officer's observations, yet the officer's training, weather conditions and dashcam video are all areas that can be explored in defense of the charge.

Breath testing: Breathalyzers are inherently faulty because they can't measure a person's blood-alcohol level, only estimate it. Yet, officers use these devices to prove a person is drunk driving. They have been shown to have manufacturing defects and officers have improperly calibrated them, leading to tossed-out cases.

Continue reading "Alabama Authorities Held 2,500 DUI Roadblocks in 2010" »

A former special education teacher in Albertville was arrested and charged with DUI after allegedly hitting a vehicle and a coin-operated laundry recently, according to The Sand Mountain Reporter.

This story shows that DUI is a charge that is far from sophisticated, meaning anyone can commit the crime. Whether a teacher with years of helping people or a police officer sworn to uphold the law, DUI in Birmingham is common. And while it is typically charged as a misdemeanor, it carries with it severe penalties that can land a person in jail, require they attend DUI school, pay fines and fees and be placed on probation. That's why hiring an experienced Birmingham DUI Attorney is so important. Facing these penalties -- an non-court related sanctions such as job loss or job disqualification -- means a lot is on the line for these defendants.

In this case, according to police, the 41-year-old teacher was driving a van that hit a parked car around 10 a.m. recently before hitting the building that houses a coin-operated laundry. A wall kept the van from entering the business. The owner of the vehicle was inside the laundry at the time.

According to police, the woman was given field sobriety tests and a breath test, where she blew a .338, more than four times the legal limit of .08. She faces charges of driving on a revoked license, driving under the influence, violating the open container law and violating probation. According to the newspaper, the woman was on probation for a January domestic violence charge and has a history of DUI charges.

As a condition of her probation, the woman was required to complete an intensive outpatient program for substance abuse, to avoid arrest and refrain from using alcohol. If she completed all those conditions, the January domestic violence charge would have been dropped. But a judge reinstated her sentence and added a fine, 60 days in jail, 24 months of probation, completion of an anger management program, completion of an alcohol/substance abuse program and 50 Alcoholics Anonymous meetings.

The newspaper article states the woman was a kindergarten teacher but was fired by the school system after a prior DUI.

The story shows not only the seriousness of picking up a DUI charge, but also the potential fallout for those with a prior criminal history. First-time offenders can sometimes get charges dropped or enter pleas to less-serious charges, such as reckless driving. But multiple offenders rarely get special treatment from prosecutors or judges.

In fact, it's possible to be charged with a felony if there are several DUI charges on a person's criminal history record or depending on the facts of the case. Injuries, property damage or death can result in a person facing a felony charge and serious prison time rather than the possible penalties for a first-time DUI offender in Birmingham.

Whether facing a misdemeanor or felony, first-time offense or fourth offense, DUI defense is critical. Investigating all aspects of the case and holding the state accountable for proving the charge is important. A past record is no proof of a current charge and therefore an aggressive defense is critical.

Continue reading "Former Teacher Charged with DUI in Albertville" »

A Mobile woman was recently charged with DUI after she drover her vehicle into a house, Fox News reports.

Most people faced with a DUI charge only face a misdemeanor, but causing injuries to others, property damage or having several DUI convictions on a person's record can open them up to a felony DUI charge in Birmingham. With any DUI case, but especially a felony charge, hiring an experienced and aggressive Birmingham DUI Defense Attorney is important. Fighting the charge aggressively is critical in order to avoid the severe penalties brought on by a DUI conviction.

According to the news article, the woman was driving one recent late afternoon when she sped around a curb, lost control and opened her door, witnesses said. They told the TV news station that the woman fell out of the vehicle, rolled and her head bounced on the ground three times.

Witnesses said the driver clipped a power pole, plowed a new driveway and hit a house, ripping open the wall, knocking over a dresser and tossing a computer. There were no injuries in the house.

The homeowner said that after the crash, he asked the woman if she was alright and he told the woman it seemed as if she was drunk. She allegedly told him she wasn't drunk, then admitted to having a couple beers. Police charged her with DUI.

DUI charges in Birmingham carry serious penalties that must be defended from the start. While some people believe that a DUI arrest is indefensible, there are many aspects of a case that can be challenged.

Field Sobriety Testing: Field sobriety tests are conducted when a person is investigated for DUI after a stop. They are: the walk and turn, horizontal gaze nystagmus and the one leg stand.
Whether or not an officer was properly trained to conduct these tests would be one of the first things to examine, as well as whether the tests were accurately done. Also, surveillance video from the dashcam of a cruiser can sometimes dispute the officers' written observations. A medical or physical limitation in the driver can also explain failed tests.

Breath testing: Law enforcement officers who conduct DUI investigations will almost always ask a person to submit a test through a breathalyzer. It's a device with a tube at the end that is said to measure a person's blood-alcohol level. But because it is based solely on a person's breath, it cannot accurate measure anything, but only provide an estimate.

Gases in a person's system, as well as weather conditions can affect these results. Plus, poor calibration of a device or manufacturing errors have been known to cause prosecutors to drop cases throughout the country.

And that's just two areas of a typical DUI case in Birmingham that can be challenged by an experienced DUI attorney. There are others. So, while the public sometimes believes that a DUI arrest is 100 percent, ironclad proof, it's not. Officers make mistakes and people are often innocent of the charges. So, aggressively fighting the charges is important. The first step is to consult with a Birmingham DUI attorney as soon as possible to go over the case.

Continue reading "Mobile Woman Plows Into Home, Charged with DUI" »

The Dothan Eagle recently reported that fewer fatalities were reported on Alabama roads during the Fourth of July holiday weekend and yet troopers arrested more than 100 people for DUI.

Law enforcement love to boast about arrest numbers, but while some in the public may be fooled, Alabama DUI Defense Lawyers know that arrest numbers mean little. The number of convictions, however, is a different story. Police can arrest many people, but if they make mistakes during the procedure of arresting someone, arrest someone who isn't guilty or otherwise botch a Birmingham DUI arrest, our firm is ready to step in and help. Fighting these charges are critical because of the steep penalties involved and the potential long-term effects of having a conviction on one's criminal history record. Nationwide, about one-third of those charged with DUI are not convicted.

According to the newspaper, Alabama State Troopers statewide worked nine fatal crashes, which is down from 13 a year ago, during the 78-hour holiday period. And during that time period -- 6 p.m. Friday, July 1 to midnight Monday, July 4, they arrested 148 drivers and charged them with DUI. They also ticketed 3,400 people for speeding, 1,169 for seat belt violations and worked 350 crashes. And that doesn't include local law enforcement efforts.

Law enforcement obviously did a lot of work over the holiday weekend and it is certainly sad that people lost their lives in accidents during the Independence Day weekend. But while many people believe that anyone arrested for DUI is guilty, it is simply not true. These charges can be beat because of police mistakes, improper procedures and false testing. Typically, periods of enforcement blitzes -- such as those around the holiday -- increase the chances of questionable arrests.

Many aspects of a DUI arrest can and should be challenged, such as whether the arresting officer had justification to make the initial stop, whether the officer was properly trained in giving field sobriety tests and if the breathalyzer was properly calibrated.

Probable cause for the initial stop: Law enforcement must have a reason for initializing a traffic stop and beginning a DUI investigation. This is typically justified because of one of the following driver actions:

Weaving while driving
An accident
Sudden stops and starts
Not using a turn signal
Running red lights or stop signs

Sometimes, though, officers don't have a legal reason for making the stop and the results of their investigation can be thrown out of court.

Proper training and conducting field sobriety tests: According to the National Highway Traffic Safety Administration, there are only three field sobriety tests that are considered standard for all law enforcement: horizontal gaze nystagmus, walk-and-turn, one-leg stand. Many people may not know these by name, but would recognize them by action. The HGN is when an officer makes a driver stand still and follow an object from side to side with their eyes. The walk-and-turn is when the person walks, toe-to-toe, in a line and the one-leg stand measures balance.

Sometimes, officers will administer other tests that can't be used in court to tire or frustrate the driver and sometimes, outside factors, such as weather conditions or a medical ailment can explain failure of some of these tests.

Breathalyzer results: Breath testing is notorious for being inaccurate and unreliable. Prosecutors across the country have had to toss breathalyzer results because the machines were manufactured wrong, weren't calibrated by law enforcement or because the machines themselves produce wrong outputs. It should be noted that these devices only estimate a driver's blood-alcohol level, not measure it, anyway. These tests, just like the others, can be contradicted in an Alabama criminal court when fighting a DUI charge.

Continue reading "Hundreds Arrested For DUI During Fourth of July Weekend" »

Apple recently announced it will no longer accept applications that pinpoint the location of drunken-driving checkpoints, USA Today reports.

Tech-savvy mobile phone application makers in recent months have been able to design programs that alert drivers to upcoming DUI checkpoints, but Apple has said it will no longer accept such applications. A Birmingham DUI defense lawyer should be immediately consulted if you face a DUI charge as a result of a DUI checkpoint.

According to the article, Apple's new AppStore guidelines state that it will no longer accept applications that contain DUI checkpoints not published by law enforcement agencies. The move comes months after four Democratic U.S. senators asked smartphone manufacturers to stop selling such apps or remove the DUI checkpoint function.

While some smartphone manufacturers immediately stopped producing these applications, Apple, which makes the iPhone, and Google, which sells Android-based apps, didn't.

“PhantomAlert” is one of the most popular and the most sophisticated programs alerting drivers of checkpoint whereabouts. The program has approximately 500,000 locations in its database. This database grows every time drivers send in a real-time alert pertaining to an enforcement location. These alerts are subsequently corroborated by other users. Through GPS information, the next driver that approaches an active checkpoint, and is running the cell phone application, will receive a warning. This system, that was initially created to locate speed traps, is available to smart phone users starting at $9.99 a month.

While many people argue that DUI checkpoints are unconstitutional --violating every citizen's Fourth Amendment right to be free of illegal search and seizures, the U.S. Supreme Court in Michigan Dept. of State Police v. Sitz ruled 6-3 that the checkpoints are constitutional because they can "reasonably be said to advance" the interest of preventing drunk driving.

Some others argue that the checkpoints are a waste of the limited resources that law enforcement agencies have and that putting those officers on patrol instead of lumped into a single staging area would be more productive. But either way, police departments and sheriff's offices across the country routinely set up these checkpoints, usually on the weekends, to catch drunk drivers.

But whether a person is arrested for DUI at a checkpoint or pulled over by an officer, the same factors may still apply and our lawyers will still aggressively defend you. That means attacking the statements made by police officers, proving that the breathalyzer test results, if the driver conceded to taking one, were faulty and trying to show that the officer didn't have the proper training to conduct field sobriety testing and other factors.

The penalties for DUI in Alabama are stiff and therefore must be aggressively defended. As drivers pick up additional DUI charges, the penalties get even more severe. While no one plans to get charged once, let along twice, having a DUI conviction on your record is a real good way to get stopped, questioned and charged again. So, don't try to go it alone. Protect your rights by hiring a Birmingham DUI attorney as soon as possible.

Continue reading "Apple Will No Longer Accept Birmingham DUI Checkpoint Apps" »

According to The Birmingham News, state troopers made 110 DUI arrests during the 78-hour Memorial Day weekend and issued thousands of citations for alleged traffic violations.

While many applaud state troopers for making more than 100 arrests and issuing thousands of citations, Alabama DUI Lawyers greet these arrests and citations with scepticism. That's because year after year, DUI defendants come in for consultations and the evidence against them doesn't warrant the charge. This can be particularly true during holiday enforcement periods. Birmingham DUI caseshttp://www.alabamaduidefenselaw.com/lawyer-attorney-1520138.html can be beaten, but it requires a defense team willing to go the extra mile.

According to news reports, troopers investigated 294 traffic crashes, cited 3,403 drivers for speeding, 1,706 for seat belt violations and 89 for child restraint violations on top of the 110 DUI arrests. Troopers said they worked eight fatal accidents during the weekend, down one from the year before. That doesn't include activity by local law enforcement, who also stepped up patrols during the holiday weekend.

For the 110 people arrested and charged with drunk driving, it is crucial they seek counsel with an experienced Birmingham DUI attorney who can attack the evidence provided by the state.

The first step is to look at the reason for the initial traffic stop. With traffic accidents, there may not be as much to challenge, but if a driver is stopped by law enforcement while simply driving down the road, that could be an avenue to challenge in court. Police must have a reason for pulling someone over. They must justify that the driver committed some kind of traffic violation. Many times they are:

Following too closely
Swerving in and out of lanes
Not using a turn signal
Improper lane change
Running a red light or stop sign

After the traffic stop, officers will likely perform field sobriety tests, which will include the driver taking steps in a row, touching their finger to their nose and other exercises. Sometimes, those can be challenged to determine if the officer was properly trained, conducted the tests correctly or properly interpreted the driver's actions. Sometimes, officers have drivers perform tests not recognized by the courts.

Next, the officers may ask for the driver to perform a breath test, which includes blowing into a breathalyzer machine. These devices are constantly challenged and are often found to be inaccurate. Plus, the breath gives an "estimate" of the driver's blood-alcohol content, not the actual BAC, which requires a blood test to be accurate. These tests can be denied, but that results in a 90-day driver's license suspension.

These are all areas a good Alabama DUI lawyer will scrutinize with a microscope to make sure the client gets the best defense possible. Everyone is entitled to defend themselves from DUI charges, traffic citations or other types of transgressions and it's too difficult to do it alone. Trust experience.

Continue reading "Birmingham Memorial Day DUI Arrests Require Scrutiny" »

Memorial Day weekend is considered by most to be the beginning of summer. Because of that, many Alabamians will be out on the roads this holiday weekend, enjoying the warm weather.

AAA predicts that nationwide there will be nearly 35 million motorists driving 50 miles or more from their homes. That's a hike of about 100,000 drivers, despite the average price for regular gasoline sitting at about a dollar more than it was this time last year.

For that reason, many local law enforcement agencies will step up their patrols of the roads with the goal of writing traffic tickets and looking for drunk drivers. Birmingham DUI lawyers urge you to be safe this holiday weekend. Drink responsibly and use designated drivers or public transportation, where available.

But, inevitably, there will be drivers who get arrested and charged with DUI in Alabama this Memorial Day weekend. Consider the numbers last year during a ten-day period around Memorial Day from the Alabama Department of Public Safety:

Total traffic arrests: 24,755
DUI: 362
Speeding: 8,286
Following too closely: 145
Improper lane change: 173
Seat belt/child restraint: 6,907
Non-traffic arrests: 716
Warnings: 3,706
Assists: 604

All of those 362 drivers arrested and charged with DUI deserve an aggressive defense in court. Many are first-time DUI offenders in Birmingham who were just over the legal blood alcohol level limit of .08. Some may have a prior offense from years ago when they were 18, but adding a second offense could cause them to lose their job and go to jail or prison.

A good portion of those arrested may be completely innocent, depending on a range of factors, from a bad breathalyzer reading, improperly conducted field sobriety tests or medical conditions that caused officer error. An arrest simply is one side of the story and Alabama DUI lawyers are there to tell the other side.

Boaters should also be cautious this weekend. Alabama Marine Police will be patrolling Lake Martin and other bodies of water throughout Alabama this weekend, al.com reports. According to marine police, 95 boating accidents were reported last year, causing 21 fatalities.

Continue reading "Alabama Cops Will Be Searching For DUI Drivers This Memorial Day Weekend" »

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" »

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" »

As a drunk driving defense lawyer practicing in the Birmingham area, I understand how a few drinks can wind up costing a driver his or her license. Driving under the influence of alcohol (or DUI) can be costly in more ways than one. Whether you live or work in Montgomery, Hoover, Dothan or Decatur, being arrested for driving while intoxicated is never a minor matter. Local and state police have a very strict policy against drunken driving, which makes any kind of DUI arrest or drunk driving charges a serious situation.

Because of Alabama’s continued crackdown on inebriated drivers and other traffic violations, it comes as no surprise that deaths on our state’s highways have dropped from previous years. Not long ago law enforcement authorities announced progress in reducing highway fatalities. According to a report, Alabama traffic safety officials anticipated a 35 percent decrease in the number of state trooper-investigated highway deaths since 2006.

As of the end of 2009, troopers had investigated more than 500 highway fatalities. In 2006, about 800 deaths were reported by the end of the year. According to news reports, much of the reduction in deaths to law enforcement agencies focusing their efforts on areas where a large number of fatal crashes happen over time.

Statistics can result in police setting up sobriety roadblocks, also known as drunk driving checkpoints, during late evening and early morning hours. These checkpoints are designed to net drivers who may have been drinking and driving.

News reports show that state transportation officials instituted a series of “Take Back Our Highways” blitzes, during which 300 troopers patrolled the state 24 hours a day for a week at a time. Police also bought Dodge Chargers and motorcycles for patrols and even partnered with the Alabama Trucking Association to spot motorists driving unsafely around 18-wheelers.

State police also attacked drunken driving by taking advantage of funding from ADECA to buy so-called “Batmobiles,” which let officers check blood-alcohol levels in the field. The number of DUI arrests was up by more than 900 in 2009, according to news reports. Apparently, Alabama’s success in this area has also prompted surrounding states to adopt similar programs and procedures.

Although quite a few innocent drivers are charged with DUI offenses as a result of increased anti-drunk driving enforcement, there have apparently been noticeable improvements. For example, in 2009 there were 700 fewer injuries in trooper-investigated wrecks since 2006, as well as 500 fewer traffic crashes.

State efforts cited as fewer die in road crashes, AL.com, December 27, 2009

Drunken driving in Alabama is quite commonplace, although so-called dry counties that have laws against beer, wine and hard liquor sales may have fewer DUI arrests than the rest of the state. As a Birmingham drunken driving defense lawyer, I represent people who have been pulled over in Montgomery, Huntsville, Mobile and Tuscaloosa, to name just a few.

Lately, a number of municipalities are getting the chance to change from being a dry town, to being able to sell alcohol within city limits. The question is, will approval of the sales of alcohol such as hard liquors or beer and wine mean an increase in arrests for driving under the influence? Time will tell, but the fact remains, voters will decide.

Based on the latest new reports, residents of Town Creek and Moulton, AL, may be voting on whether to allow alcohol to be sold within their city’s boundaries. Already the mayors of these two municipalities have announced that folks are asking what it will take to get such as proposal on a future ballot.

Last year, the Alabama Legislature made changes in the state's liquor laws that allows more towns in dry counties to vote on the so-called “wet-dry issue.” This change in state law now allows towns with populations of at least 1,000 to vote on the issue. Based on the last census, both Moulton and Town Creek find themselves in this 1000-plus resident category.

The law also changed the number of names needed on a petition calling for a wet-dry referendum. It currently takes 30 percent of the total voters who participated in the last municipal election. The petition signers must be registered voters of the municipality holding the referendum.

It is not that easy to know how much revenue alcohol sales would produce for these towns, but the amount is not expected to be very great. Furthermore, while intuitively one might assume that drunk driving arrests would be poised to go up after a town goes wet, it may turn out to be just the opposite. According to reports, both Florence and Athens, Alabama, went wet a while ago, yet police in each town state that alcohol-related DUI arrests actually dropped since the switch.

City wet/dry votes possible, MoultonAdvertiser.com, January 28, 2010

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

It’s no surprise that being charged with, or worse, convicted of drunk driving in Alabama will impact your life going forward. As a Birmingham-based DUI defense lawyer, I have seen the statistics for people arrested for driving while intoxicated arrests, as well as charged with fatal DUI-related crashes. Everyone makes mistakes, but for most people these errors in judgment don’t result in death or serious injury. Whether you live in Montgomery, Tuscaloosa or Mobile, the latest traffic safety data out of the U.S. government illustrates the number of people affected by drunk driving and the trend.

According to news articles, more than 11,000 people across the nation dies in alcohol-related traffic accidents in 2008. While any deaths from drunk driving are unacceptable, the better news is that the percentage of fatal DUI crashes was down by nearly 10 percent from the previous year -- more than 13,000 in 2007.

Then we swing back to the bad news, which is that 32 percent of all fatal auto accidents are a result of drinking and driving. In fact, 2008 reportedly was the third year in a row where alcohol-related deaths exceeded 30 percent of all fatal traffic accidents.

According to the Federal Bureau of Investigation, 1.5 million motorists were arrested by law enforcement officers in 2008 for driving under the influence of alcohol or drug DUI. At that time, the suspect could have been given a field sobriety test followed by a breathalyzer test to determine blood-alcohol content (BAC).

To make things worse, an alarming trend may be in the offing. According to various reports, drunk driving among female drivers apparently rose between 2007 and 2008. Based on information from the National Highway Traffic Safety Administration (NHTSA), as the overall number of drunk driving arrests fell across the country, the amount of women involved in fatal DUI-related crashes increased in 10 states and remained steady on five others.

Finally, the NHTSA’s drunk driving statistics showed that the number of people aged 16 to 20 years old who were killed in crashes involving a drunk automobile operator or motorcycle rider rose nearly four percent in 2006 compared with 2005 (the latest data available). In the 21- to 34-year-old age group, total drunk driving fatalities rose 0.7 percent for the same period. Fatalities for all other age groups dropped during the 2005-2006 time period.

Inside Insurance: Drunk drivers on land, in the air and on the water, TimesFreePress.com, November 13, 2009

Christmas and the New Year are times of great celebration even in these difficult economic times. Still, people are always surprised by the number of Alabama motorists pulled over for driving while intoxicated during the season. As a Birmingham DUI defense lawyer and resident of these parts, I too see the results of alcohol use and motor vehicle operation on our roads. Understanding the consequences of driving under the influence, I can say without hesitation that DUI arrests can lead to convictions, which can adversely affect an individual’s life and livelyhood.

If the Thanksgiving holidays were any example, it looks like this Christmas and New Year’s Eve will present yet another opportunity for drunk driving enforcement patrols to catch those revelers who don’t know when to quit. According to reports from Alabama’s police agencies, there were 146 DUI arrests during the four days surrounding Thanksgiving last month. Additional figures included 28 alcohol-related wrecks resulting in six deaths on our state’s highways.

From the beginning of the holiday enforcement period -- Wednesday at 6pm -- until midnight Sunday, November 29, police investigated 418 crashes; cited 3,532 motorists for speeding; gave out 943 tickets for seatbelt violations and 76 for child restraint violations.

With the usually high number of parties and festive gatherings going on during the upcoming holidays, it’s important to remember that Alabama has one of the highest death rates due to drunk driving in the U.S. Based on a 2007 National Highway Traffic Safety Administration (NHTSA) study, alcohol-related fatalities on the highways around the country tend to increase significantly during the holidays.

Nationwide, it’s said that accidents due to alcohol consumption claim an average of about 45 lives each day during the days on either side of Christmas; while up to 54 deaths every day occur during the New Year’s holiday. On average, that’s more than a one-third increase in traffic deaths compared to the balance of the year.

Over indulgence during this joyous season can easily turn a festive occasion into a sad memory for the rest of one’s life. My suggestion to all drivers is to use good judgment and have a safe and cheerful holiday.

Six people died in highway crashes in Alabama over holiday, AL.com, November 30, 2009

As a Birmingham DUI defense lawyer, I have noted how much funding is going toward traffic safety campaigns, which includes drunk driving enforcement. Much of these funds go for increased patrols looking to catch Alabama drivers allegedly operating their vehicles under the influence of alcohol. Millions of dollars are provided by the federal government to the state every year to combat DUI violations. While I commend our police and law enforcement agencies for making our streets and highways safer, I sometimes question how these monies are used, and whether innocent motorists are harassed by drunk driving patrols and sobriety checkpoints.

According to a news article, Alabama has targeted eight counties for highway traffic safety enforcement over the coming 12 months. Governor Riley awarded $4.1 million in grants to fund highway safety programs around the state including campaigns named “Drunken Driving. Over the Limit, Under Arrest,” and “Click it or Ticket.” The state has focused the funding on eight of Alabama’s sixty-seven counties and has based this, in part, on those areas’ tendency toward higher rates of traffic accidents, injuries and fatalities.

According to reports, Alabama is expecting an increase in the number of DUI arrests now and into 2010. Statistics from the Highway Safety Department demonstrate that there are more drunk driving arrests around holidays, while reckless driving appears to be more of a problem on Wednesday through Saturday.

The grant monies reportedly go towards equipment, education and paid overtime for officers. New articles indicate that the educational aspect of these programs is making a difference, as there is a marked shift downwards in the incidences of drunk driving arrests and a rise in the number of people wearing their seatbelts when those educational campaigns are in full swing.

The counties receiving funds include Autauga, Bullock, Elmore, Lee, Lowndes, Macon, Montgomery and Russell.

Start of Semester Spike in DUI Arrests, ThePlainsman.com, September 30, 2009

As a drunk driving defense attorney located in the Birmingham, Alabama, area I have much experience with DUI arrests, as well as understanding the impact of a drunk driving conviction on people’s lives. So it was with much relief that I read about a reduction in DUI arrests over the last Labor Day holiday versus the year before.

As a fellow motorist, I am pleased to know that rates of drunken driving have dropped, but as a DUI defense lawyer I do not see this as an end to unjustified drunk driving stops, arrests and summonses. From my extensive work in this area, I know that a percentage of drunk driving arrests do not hold up in court. This is why I fight hard for every client I represent.

This latest drop in Labor Day DUI arrests may be attributable to the public’s awareness that local and state police agencies are constantly on the lookout for DUI violations and associated traffic offenses. According to the news, 25 DUI arrests were made during this past Labor Day holiday, which compares favorably to the 39 arrests made in 2008. This is a 35-percent decrease year over year.

In case you’re thinking this is due to less driving or poor economic conditions, it is important to note that during that same weekend police logged a 55-percent increase in seat belt violations; a 48-percent increase in speeding citations; 66-percent more citations for operating a vehicle without proper insurance; and two-fold increase in citations given out for driving without a license.

According to the news article, police officers around Alabama racked up 1,368 hours during the recent Labor Day campaign and made nearly 3,600 “contacts” with motorists. Don Watkins, program coordinator for the North Alabama Highway Safety Office program coordinator, said that they didn’t have as much money last year to provide to police departments, so they only had 900 hours. “It stands to reason the more money for overtime, the more hours can be spent on the streets working traffic. That adds up to more contacts, which usually means more citations," Watkins said.

Statistics indicate traffic campaigns are working, TimesDaily.com, October 18, 2009

Drunk drivers in Birmingham, Montgomery and Tuscaloosa maybe should get ready to have your numbers added to by those numerous distracted drivers currently out on Alabama roadways. As a Birmingham DUI defense lawyer, I’ve been saying for years that in-vehicle distractions can be just as deadly as driving drunk. So far, the law hasn’t totally caught up to the latter group.

Defending cases of driving under the influence of alcohol is something I do many dozen of times every month. In fact, DUI and breath test refusal cases make up the bulk of some attorneys’ case load. Lately, we were reminded of the increasing number of non-drunk driving accidents, mostly involving drivers who were simply not paying attention.

According to researchers at the University of Alabama at Birmingham's University Transportation Center, so-called distracted driving has become epidemic with an estimated 800,000 vehicles across the U.S. being driving daily by someone using a cell phone (in 2008), according to the United States Department of Transportation. That same year, 6,000 people nationwide died in distracted-driving-related vehicle crashes -- 500,000 were injured, accident records show.

The result of this is clear: driving while distracted by cell phones, text messaging or other technologies increases the risk of vehicle crashes, according to one of the researchers at the UAB UTC. The latest research projects coming out of the UAB include studying distracted driving in teens with ADHD and the effects of cell phone distraction in adolescent and college-aged pedestrians.

Is it worse than drunk driving? Some say yes. If enough evidence is found to support the existence of this new danger on our roads, expect more laws limiting certain activities by drivers while a vehicle is in motion. Anti-texting laws are already coming into vogue across the nation.

What’s interesting is that the public agrees with the potential dangers posed by distracted driving, but is less apt to follow their own suggestions for others. A recent AAA study showed that people have a 'do as I say, not as I do' mentality. Nearly 60 percent of respondents believed that using a cell phone on the road was dangerous, yet 67 percent of them admitting to using a cell phone while driving in the past 30 days.

Surprising? Not really. Just human nature. What is interesting is that almost 90 percent of drivers thought texting while driving was dangerous -- nearly the same amount as thought drunk driving was dangerous.

If you or someone you know has been arrested for drunk driving, I highly recommend that you contact an experienced DUI defense attorney for help with your case. More than a few drunk driving charges can not easily be substantiated at trial, so never as if you don’t have a chance to win your case. That’s where consulting with a qualified legal professional makes all the difference.

It's official: UAB study finds cell phone using, texting, distracted driving an epidemic, AL.com, October 14, 2009

Law enforcement authorities for the town of Albertville in northwest Alabama have reported an almost 30-percent increase in the frequency of DUI arrests over the past eight months of 2009. As a Birmingham drunk driving defense lawyer, I don’t find this trend very surprising.

With job losses pushing a two-decade high and home foreclosures continuing to take their toll on families here and across the U.S., many people are turning to alcohol as a way to dull the painful realities of our faltering economy. Sadly, when people drink and drive they not only risk their own lives, but those of other motorists as well.

Police officers in Albertville made a total of 249 drunk driving arrests in all of 2008. That’s and average of 20.75 arrests every month. For the comparison, Albertville law enforcement officers have logged 214 DUI arrests in just first eight months of 2009 -- a monthly average of 26.75 arrests. All in all, that’s nearly one-third more DUI arrests than the previous year. And if the current rate continues, DUI arrests could top 320 by the end of the year.

Of course, the economy could also have something to do with the increase, but not because of the aforementioned reasons. Could it be that because home prices and incomes are dropping, taxes for municipalities have dwindled? If so, heightened police patrols could be one way for a small town to increase revenues.

According to the news article, Albertville's police chief, Benny Womack, said he has noticed the upward trend in DUI arrests. “It has a lot to do with being proactive,” Womack said. “Our officers are being more proactive, watching for signs and individuals driving recklessly. “There’s also the aspect that people seem to be drinking and driving more. They need to know if they do that, they’re going to get caught.”

Regardless of the cause, anyone arrested for driving under the influence of alcohol should retain a qualified DUI defense attorney to handle his or her case. The financial impact and long-term consequences of a drunk driving conviction can be significant.

Albertville DUI arrests on the rise, sandmountainreporter.com, September 12, 2009

Drivers in Birmingham, Montgomery, Huntsville and surrounding areas across Alabama have no doubt noticed a marked increase in drunk driving patrols lately. DUI sobriety checkpoints have also begun to crop up throughout the state in the days preceding the Labor Day weekend. Checkpoints, also known as sobriety roadblocks, are used by local and state police as a way to lower the number of alcohol-related traffic accidents and fatalities on our state highways and surface streets.

As a Birmingham DUI defense lawyer, I often alert motorists to these checkpoints because of the higher number of driving while intoxicated arrests in certain areas. By law, state, county and municipal arms of law enforcement can only set up checkpoints in locations that have a statistically high incidence of people driving under the influence of alcohol.

Part of a nationwide campaign, the Huntsville police DUI task force began its "Drunk Driving. Over the Limit, Under Arrest" initiative last Friday in order to crack down on impaired driving. The campaign will continue through September 7. According to new reports, local police will join Alabama State Troopers, Madison County Sheriff's Office and Madison, New Hope, Owens Cross Roads and Gurley police departments to identify and arrest drunk drivers.

Standard procedure at sobriety checkpoints includes police giving standardized field sobriety tests to drivers that appear to be intoxicated. If the officer is satisfied that an individual operating a vehicle is possibly drunk, a Breathalyzer test will usually be administered to determine the blood alcohol content (BAC) of that driver.

Some of the announced sobriety checkpoint locations will be set up along the following roads in the Huntsville area: Drake Avenue, Jordan Lane, University Drive, Bob Wallace Avenue, Bailey Cove Road, Andrew Jackson Way, Sparkman Drive, Pulaski Pike and Cecil Ashburn Drive. There will likely be other, as yet unannounced locations, appearing throughout Alabama over the coming weekend.

Huntsville police start two-week DUI enforcement campaign today, AL.com, August 21, 2009

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

Governor Riley means business when it comes to Alabama DUI offenders. From Mobile up through Montgomery, to Birmingham and Huntsville, drunk driving patrols will be receiving upward of $250,000 for enhanced enforcement of the state’s laws governing driving under the influence of alcohol and drug-related DUI. According to news reports, the injection of monies to law enforcement agencies statewide will help support the latest DUI campaign, “Drunk Driving: Over the Limit, Under Arrest.” This effort could include field sobriety tests as well as breathalyzer testing of individuals suspected of DUI.

The campaign, scheduled to be in effect from August 21 through September 7 -- a full two weeks prior to Labor Day -- will increase the presence of state and local police units on Alabama highways. The Alabama Department of Economic and Community Affairs will administer the grants from funds made available to the state by the National Highway Traffic Safety Administration. The money will go toward overtime pay for officers involved in drunk driving patrols throughout the area.

As a Birmingham drunk driving defense lawyer, I applaud the state for its efforts to make our public roadways safer. At the same time, I know from vast experience in the courtroom that many individuals arrested and charged with drunk driving have a legitimate claim of innocence, which makes their defense my primary responsibility. Not every DUI summons will stand up to an aggressive defense attorney. This is why I not only suggest, but encourage those accused of drunk driving to seek sound legal representation.

Some of the entities receiving funds for increased DUI enforcement include:

Etowah County Commission -- $25,050 for the Northeast Alabama Traffic Safety Office which serves Cherokee, DeKalb, Etowah, Jackson, Madison and Marshall counties.

Gadsden State Community College -- $22,445 for the East Alabama Highway Safety Office which serves Calhoun, Chambers, Clay, Cleburne, Coosa, Randolph, Talladega and Tallapoosa counties.

Jefferson State Community College -- $37,050 for the Birmingham Regional Highway Safety Office which serves Bibb, Blount, Chilton, Jefferson, Shelby, St. Clair and Walker counties.

Enterprise-Ozark Community College -- $23,485 for the Southeast Alabama Traffic Safety Office which serves Barbour, Butler, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston and Pike counties.

Northwest Shoals Community College -- $39,145 for the North Alabama Highway Safety Office which serves Colbert, Cullman, Franklin, Lauderdale, Lawrence, Limestone, Marion, Morgan and Winston counties.

Mobile County Commission -- $28,185 for the Highway Traffic Safety Division which serves Baldwin, Escambia and Mobile counties.

Alabama Tombigbee Regional Commission -- $18,790 for the Highway Traffic Safety Division which serves Choctaw, Clarke, Conecuh, Dallas, Marengo, Monroe, Washington and Wilcox counties.

Shelton State Community College -- $22,445 for the West Alabama Community Traffic Safety Office which serves Fayette, Greene, Hale, Lamar, Perry, Pickens, Sumter and Tuscaloosa counties.

Riley awards grants to increase DUI enforcement, GadsdenTimes.com, July13, 2009

We’ve all seen it. A police officer has pulled over an intoxicated driver or maybe a speeder on the side of a four-lane roadway. Drunk or not, in Alabama, the law states that passing traffic must move over to give the officer some safety margin while he is doing his job. A recent story about an Atmore, AL, man shows how being under the influence of alcohol can affect your judgment and cause you to forget, or ignore the most simple rules of the road.

Sunday, the day after the Fourth of July, a Flomaton police officer was carrying out a standard traffic stop on Highway 31 in the early morning hours. According to news reports, Officer Daniel Thompson saw a 1991 Lincoln Town Car approaching him during his traffic stop. The vehicle never moved over and came very close to the officer as he stood outside his patrol car. Due to the danger involved, because the Town Car driver did not move over, Officer Thompson pursued the vehicle driven by 68-year-old Almie Smith.

As a Birmingham DUI defense lawyer, I have aggressively defended numerous clients charged with drunk driving. The important thing to remember is that if you choose to drive under the influence of alcohol, or any substance that impairs your ability to react quickly to traffic situations, you must be prepared to pulled over, given a field sobriety test and perhaps a Breathalyzer test as well, not to mention receive a drunk driving summons. In this case, Mr. Smith either did not remember Alabama’s "Move Over Law," or he was too intoxicated to recognize the squad car on the side of the road.

In any case, Smith’s actions alerted the officer to his possibly impaired state, which led to DUI charges being levied against him. As a reminder, Alabama’s Move Over Law requires drivers on four lane roadways to reduce speed and move over to the inside lane away from emergency vehicles and officers. The law, which has been around for three years now, was created to help reduce the chances of injury to emergency workers. Had the man hit the officer, things could be so much worse for Mr. Smith, as he could have been charged with vehicular assault as well as DUI.

Atmore Man Arrested On DUI Charges After He Fails To ‘Move Over’, NorthEscambia.com, July 8, 2009

The Fourth of July holiday may be over, but Alabama DUI summer enforcement remains high, with many areas of the state targeted for enhanced drunk driving enforcement by local and state police. Madison, Marshall and Morgan counties received special attention this past week, with police using motorcycles to catch intoxicated drivers. As part of the “Take Back Our Highways” campaign begun two years ago, police say that more and more their drunk driving and speeding enforcement blitzes will be unannounced.

A drunk driving conviction can be costly in mores ways that one. As a Birmingham DUI defense lawyer, I have represented many clients caught during these enforcement crackdowns. During the summer months, law enforcement agencies all across Alabama increase their patrols looking for DUI suspects, as well as speeders. In fact, police are reminding everyone that DUI and speeding are the top two causes of traffic fatalities.

Regardless of whether driving while intoxicated or speeding is more deadly, Huntsville authorities report that fully 70 percent of the 12 fatal wrecks so far this year involved persons who were not using there seatbelts. When it comes to annual traffic fatality totals, Huntsville comes in third behind Mobile and Tuscaloosa. Mobile reported 20 deaths, while Tuscaloosa saw 14 fatalities since January 1.

It’s important to note that all the troopers involved in this past weekend’s DUI and speeding campaign rode motorcycles instead of patrol cars. Motorcycle patrols are becoming more common -- almost 20 troopers rode motorcycles on Huntsville highways last Monday through Friday. Two troopers in the Huntsville post and two in the Decatur post now ride motorcycles, and posts across the state have been adding motorcycles to their fleets, especially since the bikes are fast and maneuverable, and can also go places that patrol cars can't when chasing drunk drivers and other traffic offenders.

Most people might not remember that when the Highway Patrol Division of the Alabama Department of Public Safety was founded, back in 1935, every trooper rode a motorcycle. Police cruisers were added to the fleet several years later. This recent back-to-basics move by police does have its drawbacks, however. According to reports, one officer in Limestone County was injured while chasing another motorcycle rider.

Troopers step up area patrols, AL.com, July 4, 2009

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

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

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

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

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

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

Drinking and driving is frowned upon here in Alabama, as well as out of state. Residents of Birmingham, Montgomery and other Eastern Alabama towns should take additional steps to observe all DUI laws during the upcoming summer holidays. Especially if you are considering heading east for the Fourth of July holiday, be extra careful while traveling to your out-of-state destination because drunk driving police patrols will be highly active in Georgia for then next week or so.

According to recent news stories, out-of-state law enforcement has launched a major crackdown on drivers who flout the DUI laws in the counties and municipalities just across the Alabama state line. Aimed at people who drive impaired due to the consumption of alcohol, Georgia’s "Operation Zero Tolerance" is currently in effect to get dangerous drivers off the roads, as well as to raise awareness about the deadly consequences of drunk driving.

When it comes to driving under the influence of alcohol, the Fourth of July holiday is reportedly the second most dagerous time to be on the road -- New Years Eve is number one. Because of this, sobriety checkpoints and heightened enforcement will be standard operating procedure on the east side of the Alabama border in the coming days.

This campaign is part of that state’s "100 Days of Summer Heat," which runs through the Labor Day holiday. Police officers, deputies and state troopers will be on patrol not only during the coming Independence Day holiday, but all summer long. As a Birmingham DUI defense lawyer, I have seen the trouble visitors from out of state have to go through when arrested for drunk driving away from home. Not only are the drunk driving fines and court costs significant, but the lost time from work -- necessary to appear in an out-of-state court -- will take a big bite out of a person’s income.

And then there's the added cost of increased insurance premiums and possible job loss if a person also happens to hold a commercial driver’s license. Frankly, it’s not worth the indiscretion of having one too many during that family reunion or night out on the town.

Keep your head on straight and you won’t need the services of a drunk driving specialist such as myself. But if you do get stopped for DUI or breath test refusal in Alabama, you should definitely contact a skilled legal professional who knows the law and will fight aggressively for your individual rights.

Police Launch Summer DUI Crackdown, MyFoxAtlanta.com, June 19, 2009

Drunk drivers across Alabama can perhaps count themselves lucky during the last two weeks in May, as only seven DUI arrests were made out of the more than 270 violations logged by law enforcement during the “Click It or Ticket” Memorial Day safety campaign.

As a Birmingham DUI defense lawyer for people charged with driving under the influence, I am surprised at this low number of drunk driving arrests, but I also remind people that sobriety checkpoints and other methods of DUI enforcement are used by the police every week somewhere around this state.

In addition to the DUIs, citations were written by local and state police for a number of other offenses. According to reports, these included two dozen license violations, 20 cases of speeding, 50 auto insurance offenses, 30 people driving on a revoked or suspended license, nine arrests for drug use or possession, 10 violations of child restraint laws, and 28 seatbelt usage offenses.

Driving while intoxicated is looked upon very dimly by society and the law, but there is no reason to accept a charge of driving under the influence of alcohol. You can fight it in court, and I have defended many people who thought a DUI conviction was a certainty. It’s not and you must protect your rights.

Why? Because many times a persuasive prosecutor looking for a fast resolution can convince a person that pleading guilty without a trial is the best avenue. Especially for a first-time DUI offense it might even seem like a good deal. This couldn’t further from the truth. A guilty plea doesn’t make the charge go away, it only cements it into your record.

The consequences can be severe. For some people their job or standing in the community could be jeopardized as a result of a DUI conviction. If you have a commercial driver’s license, it’s very possible that you could lose your job. And the monetary penalties are only the first of many costs a person may experience over time. Consider that insurance companies will immediately raise your premiums to levels that may become a burden to you and your family.

These are a few reasons why you need an experienced DUI defense attorney with a successful track record -- someone who knows the law and can defend your case well, by investigating the pertinent facts and studying the scientific evidence to create a tough and aggressive defense. If you find yourself charged with a DUI or refusal to submit to a breath test, I highly recommend that you contact a qualified legal professional.

Officers write 274 tickets during blitz, DailyHome.com, June 2, 2009

A recently passed state law could see a rise in the number of drunk driving arrests in Birmingham and elsewhere in Alabama. Driving under the influence of alcohol, or DUI, offenses might pop now that legislation signed into law last Friday has increased the limit on alcohol content in beer from six percent to 13.9 percent.

Governor Bob Riley put the new law on the books May 22, making specialty and imported beers legal for purchase in Alabama. Previously, this state had the nation's lowest alcohol limit on beer. Passage of this new law raises the question of whether drunk driving arrests will increase. Police seem to think so, which could foreshadow an increase in the amount of enforcement during the summer months and into the future.

Don't be caught off guard by the effects of high alcohol content beer says the law enforcement community. As one officer on the Huntsville Police Department's DUI task force was quoted, "With the higher alcohol content, almost twice the old level of alcohol in those beverages, they're going to get drunk twice as fast." Sounds like the cops may be gearing up for more DUI stops.

As a Birmingham DUI defense lawyer, I have seen what happens with overzealous traffic enforcement techniques, such as DUI roadblocks. Could this new law possibly be the beginning of a trend toward increased drunk driving patrols on Alabama roads? Maybe, maybe not. There is the argument that people will not be getting more drunk or drunk quicker than usual on gourmet beers.

As one bar owner commented, specialty beers are also full-bodied beverages and therefore more filling to begin with. "(Patrons) are just not going to drink as many. It's not because of the alcohol, but because the gourmet beers are heavily-bodied beers," said Connell Allen, who owns a tavern in Huntsville.

The new beer bill was pushed by a grassroots group called "Free the Hops." Daniel Roberts, a Huntsville resident and member of the group told reporters that thought the bill's passage was a little surprising. "We knew it was going to happen. We kind of expected it to happen. It was kind of like a big reaction as in wow, the five years we put into it, actually did pay off," said Daniel Roberts.

Only time will tell whether this new law actually causes a rise in drunk driving. But no matter what, if you are arrested or issued a summons for DUI, you should make certain that you contact a qualified attorney skilled in drunk driving defense to handle your case.

Stronger Beer Sales Allowed In Alabama, WHNT.com, May 22, 2009

A crackdown on driving under the influence of alcohol will be just one type of traffic offense targeted during Alabama’s “Click It or Ticket” campaign this month. Look for increased police presence in Huntsville and surrounding areas, as law enforcement authorities engage in a concerted effort now through the end of this month to enforce traffic laws and reduce injuries. One of the methods that officers will use during this time is the DUI checkpoint.

DUI checkpoints, also known as sobriety roadblocks, will be manned by uniformed officers from all three police precincts, all of whom will be on the lookout for intoxicated drivers. The checkpoints will typically be located in areas where statistically high levels of traffic accidents and/or traffic offenses have been observed in the past. According to authorities, the Special Operations Division will be announcing specific DUI checkpoints throughout Huntsville, as well as utilizing “enhanced radar enforcement” by the Traffic Task Force to remind motorists to slow down and buckle up.

In addition to DUI, other violations being targeted are speeding, following too close, no seat belt, failure to yield right of way and running red lights.

This campaign is funded annually by the North Alabama Traffic Safety Office (NATSO) and includes strong public service announcements. According to the NATSO, campaigns such as "Click it or Ticket" have played an important role in educating motorists and reducing accidents. The federal grants paid by NATSO have placed officers on the street enforcing traffic laws which would not have been possible otherwise.

The police typically use field sobriety tests as well as breathalyzer testing equipment to determine a driver's blood alcohol content (BAC) at DUI checkpoints. As an Alabama DUI Defense Attorney, I advise those persons who have been arrested or issued a DUI summons as a direct result of drunk driving roadblock to retain the services of a skilled legal professional. Eversole Law is at your service and ready to protect your rights in court.

Huntsville Police Announce "Click It Or Ticket" Safety Blitz, WHNT.com, May 18, 2009

Alabama’s first-ever statewide crackdown on drunk drivers and other traffic offenders kicked off this past Saturday. The effort is being led by Alabama’s Department of Public Safety (DPS) and will target intoxicated drivers, as well as other traffic violations that are known by police to result in vehicle accidents. Seat belt usage will also be monitored heavily.

According to Alabama’s Public Safety Director, Colonel Chris Murphy, an additional 400 state troopers will be on heightened alert for lawbreakers through the Memorial Day weekend. For drunk drivers, the DPS will reportedly have mobile blood-alcohol testing units, nicknamed "batmobiles," located throughout the state during the May blitz.

The month-long campaign is aimed at making the state's highways safer, and officials say the crackdowns are effective. As proof that these concentrated enforcement tactics are working, the DPS recorded 967 highway deaths in 2008, the lowest number since 1985 -- in that year 892 were killed on the state's roads.

Officials at the DPS report that fully 40 percent of the 967 deaths last year involved impaired driving (including DUI), and 60 percent involved passengers who did not use seat belts but could have. "Even with those two figures, we reduced the number of fatalities by 132 from 2007," Murphy said.

For comparison, DPS records show that 1,099 people died in statewide crashes during 2007, while 1,208 people were killed in 2006. The enforcement blitzes were initiated in 2007.

The latest effort is primarily focused on curbing drunken driving and enforcing seat belt use. Major enforcement efforts have already started in both the northern and southern parts of Alabama, and will move toward the middle of the state, shifting enforcement emphasis every week. For instance, troopers may concentrate on impaired drivers in one part of the state and seat belt use in another part of the state the following week.

If you or a family member has been issued a DUI summons recently we encourage you to retain the services of a qualified Alabama DUI Attorney. The legal professionals at the Eversole Law Firm are available now to help protect your rights.

Alabama trooper blitz on bad drivers will last until Memorial Day weekend, AL.com, May 6, 2009

Ala. troopers launch first-ever statewide blitz, Fox17.com, May 6, 2009

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.