Alabama DUI Lawyer Blog

The Cullman Times reports that Gov. Robert Bentley has awarded nearly $230,000 in grants to fight DUI and other driver-related crimes.

This is just another example of the government stepping in and trying to punish drivers for a crime that is both unsophisticated and, in a vast majority of the cases, harmful to no one. But, as is the case, politicians like to show that they are "tough on crime" by enforcing steeper penalties against DUI in Auburn and elsewhere in Alabama.

That's all the more reason to hire an aggressive and experienced Birmingham DUI Attorney to fight the charges of DUI. As there is more and more attention given to DUI in the news media and by the government, including new law changes that have just gone into effect for DUI convictions, getting an aggressive defense is the only true option.

The three grants totaling $228,968 are aimed at ensuring motorists who are convicted will be punished more than they already are. Two state agencies and a non-profit group will benefit from the Governor's generosity.

A grant of $165,942 was awarded to the Office of Prosecution Services to be used in training district attorneys and their staff to make sure they are up-to-date on the current law. Another $34,551 goes to the Alabama Department of Public Safety to deal with a backlog of drivers' license suspension cases. The money will go toward hiring special prosecutors to avoid delays in suspension appeals. Finally, the well-connected Mothers Against Drunk Driving gets $28,475 to put together awareness campaigns about DUI and to support victims of drunk driving crashes.

Never mind the fact the drunk driving accident nationwide are at record lows.

This cash splurge by the Governor comes as a new law regarding DUI just went into effect Sept. 1. As NBC News reports, the new law states that a first-time offender can face double the fine and a year in jail, along with possibly having to install an ignition interlock device on their vehicle.

As the Alabama DUI Lawyer Blog reported in June, Alabama became the 50th state in the country to enact an ignition interlock device law for DUI convictions. Even for first-time offenders, they can be saddled with the cost and inconvenience of these expensive devices.

An ignition interlock device is like a breathalyzer, but for a vehicle. It is installed -- with an installation charge, plus monthly charges, and requires the driver to blow into it in order to start the vehicle. Sometimes, it can turn the vehicle off and require another blow to make sure the driver hasn't had anything to drink in between stops.

This is yet another attempt for Alabama lawmakers to show voters they are "tough on crime" as people head to the polls for the November election. Yet these penalties will only make things more difficult for people already struggling with the tough economy. But to try to avoid these penalties, hire an experienced Opelika DUI Defense Attorney, who can fight all aspects of the case, including the police officers' observations, eye witnesses, breath tests, field sobriety tests and even the initial reason for the traffic stop in defense of the accused.

Continue reading "Alabama Governor Awards $230,000 in Grants To Target DUI Drivers" »

As previously detailed by Alabama DUI Lawyer Blog, state lawmakers recently pushed through a bill that will require those convicted of DUI in certain circumstances to install ignition interlock devices on their vehicles.

But Birmingham DUI Lawyers have been tracking the use of ignition interlock devices for years, even before Alabama lawmakers decided to make these a requirement for some people convicted of DUI. We have noticed how big of a business these devices have become. They are just another tool used by the government to hit the wallets and pocketbooks of people who are convicted of DUI in Alabama.

That's why we are as committed as ever to defending the rights of those who are arrested for this particular crime.

It all started in 1998, when members of Congress passed the Transportation Equity Act for the 21st Century. What passage of this act did, among other things, is begin requiring states to start using ignition interlock devices for repeat offenders. It mandated that states follow certain requirements for people convicted of DUI a second or subsequent time. One of those requirements was the ignition interlock device.

Once installed into the ignition area of a vehicle, drivers must blow into a tube to register their blood-alcohol level. If it is below the .08 legal limit in Alabama, the vehicle will start. They are similar to breathalyzer machines used by police in that they can't measure a person's blood-alcohol content level, but can only estimate it based on a person's breath. And, like breathalyzers in Birmingham, they can be misled by outside factors, such as the weather and what a person eats.

The new law in Alabama requires first-time DUI convicts with a blood-alcohol level of .15 or higher to install the device. It also applies to people who were driving with a child under 14 and if someone other than the driver was injured.

Some estimates say the devices can cost around $75 per month to operate, plus installation costs. And because the statute calls for a two-year installation period, that can total somewhere around $2,500 and more if a person fails one test so the device must be re-calibrated. It's no wonder that this has become a multi-million dollar industry after successfully lobbying the government in 1998 to encourage states to use these devices.

Paid lobbyists have been pushing Alabama legislators to create laws allowing their use as a "public safety" device for years. Whichever company wins the state contract to begin installing these devices is going to bring in a windfall of cash. And all of it will be at the expense of taxpayers and people who make mistakes while driving. Let's do the math regarding how much money the state is willing to give to ignition interlock device makers:

According to statewide statistics from 2009, there were 21,905 DUI cases. Of them, 16,912 were convicted, a 77 percent rate. In any given year, about 35 percent of people will refuse a breath test, but of the 65 percent who don't, 40 percent will register a blood alcohol content level of .15 or higher, which will require an ignition interlock device under the new law. Based on other estimations of repeat offenders, it's safe to assume that nearly 11,800 units will be ordered each year and paid for at the expense of the person who is convicted. That is on top of fines and fees, jail time, probation, DUI educational courses and other sanctions.

If nearly 12,000 units are needed, at $75 per month, plus installation ($350) and re-programming ($150), this is going to add up to more than $30 million in business for the company who successfully (again) lobbies the government to use their product.

It's no wonder why this device is so heavily promoted. It is often billed as a device that will "not cost the taxpayers a penny" and keep "drunk drivers off the highway" but it is more of a lucrative investment if you can win the state monopoly to install the devices.

This may just be the tip of the iceberg in terms of costly penalties for DUI convictions. So, if you are arrested for this charge, don't delay. Call today to set up a free consultation so that our firm can help you defend yourself from this costly and embarrassing crime.

Continue reading "Ignition Interlock Devices Make Big Money at the Expense of DUI Convicts" »

Alabama DUI Lawyer Blog for several months has detailed Alabama lawmakers' efforts to push through a law that mandates the use of ignition interlock devices in DUI convictions.

While it should be stressed that these devices are only required for people convicted of DUI, and only in certain circumstances, drivers in Alabama should be educated about how these devices work and what the law actually says. Birmingham DUI Lawyers will explain in this blog post what the new law says and how it affects you. DUI in Birmingham is a serious charge and requires an aggressive defense, especially as politicians continue to hammer people convicted of this charge.

First, let's consider the penalties already on the books for DUI:

$600 to $2,100 in fines
90-day driver's license suspension
DUI or substance abuse program
Up to 1 year in jail

Now add the additional penalty: installation of an Ignition Interlock Device.

These devices work similarly to breathalyzer testing in Alabama. They hook up to a vehicle's ignition and require the driver to blow into a tube before it will start. They register an estimation of the driver's blood-alcohol content level and if it's above a certain level, the vehicle won't start. Some devices require blowing several times per trip and some require scans or other forms to identify the driver as the person who has been sentenced. A failure will make the vehicle stop and, in some cases, won't start again until the device is re-programmed.

In Alabama, lawmakers recently made these devices a mandatory part of sentencing in certain circumstances. For instance, an ignition interlock device must be installed for two years after a 90-day suspension of the license for drivers:

First-time DUI conviction where the driver's blood-alcohol level was .15 or greater.
First-time DUI conviction where the driver injures someone.
First-time DUI conviction where the driver refuses to provide their blood-alcohol content or has a child under 14 in the vehicle.

Meanwhile, a second conviction requires the installation of the device for two years after restoration of the license and for three-time offenders, they would be required to drive with the device for three years. Subsequent convictions would require a five-year stint with the devices attached to their vehicle.

And what many people may not realize is how expensive these devices are. Installation costs can run about $350 and the monthly fee is somewhere around $75. Then, if a driver fails a test, the device must be reprogrammed, which can cost another $150. All told, the driver ends up spending somewhere around an additional $2,500 per year or $5,000 for a two-year sentence of the device. No wonder the ignition interlock device lobby has been so strong in Alabama the past few years as they have pushed to have this law passed!

It is more important than ever to fight this charge. A first-time offense can cause financial hardship and any subsequent convictions can lead to even more severe penalties. Fight this charge with everything you can. Trust in Birmingham DUI Lawyers.

Continue reading "New Alabama Ignition Interlock Device Law Explained" »

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" »

As a Birmingham drunk driving defense lawyer, I spend my days defending individuals accused with driving under the influence of alcohol (DUI). Many of these people are actually innocent of the charges; however the law requires that they be given the chance to argue their case in court. Being charged with driving drunk is serious, not to mention being convicted of drunken driving. This is why it is very important to emlist the services of a qualified Alabama DUI defense attorney.

For those who live pretty much hand-to-mouth, being arrested and held without bail can be devastating to their families and anyone else who relies on the support that these individuals provide. Many of the less fortunate among us are so-called illegal aliens and whatever their status, the law provides for their defense as well. Recently, an Alabama Senate committee passed a couple bills aimed at denying public benefits to illegal immigrants as well as revoking bail for felony criminals not in the country legally.

According to news accounts, the Senate Fiscal Responsibility and Accountability Committee passed the bills that were sponsored by Sen. Hinton Mitchem. Pertaining to drunk driving, one of the bills passed on February 12 mandates the denial of bail to anyone without proof of citizenship who is arrested for DUI or a felony.

Essentially, what this future law would mean to illegal immigrants arrested for driving under the influence of alcohol is if they cannot prove U.S. citizenship at the time of arrest, then you will be denied bail. The thinking is that such individuals should not be released into the local community while a DUI trial is pending.

Only time will tell if these bills become law, after which it could become an added burden on those innocent of any DUI-related arrest and in turn only hurting the families and others who rely on these people during this difficult time of worldwide economic uncertainty.

Committee passes Mitchem’s bills, SandMountainReporter.com, February 13, 2010

From Mobile to Gadsden and Auburn to Florence, motorists all across Alabama have seen the effect of drunken driving enforcement throughout the state. Police agencies and local law enforcement departments have a zero-tolerance policy when it comes to driving while intoxicated. Although driving under the influence of alcohol is a serious charge, the state may be looking elsewhere for addition sources of traffic fatalities.

As a Birmingham DUI defense lawyer, I represent Alabama drivers who have been arrested for inebriated driving. But more and more we may see arrests for other kinds of non-alcohol traffic offenses, but judged just as dangerous as DUI. According to reports, recent traffic safety data points to cell phones as presenting a distinct hazard to safe travel on public roads.

Based on these new statistics, talking and/or “texting” while driving has been pointed to as the cause for nearly 30 percent of all automobile crashes across the state. And while it’s not uncommon to see drivers reading, eating, adjusting their sound systems or disciplining their kids all while driving a vehicle at significant road speeds, talking on a cellphone or texting are big problems, according to authorities.

Based on news reports, the National Safety Council (NSC) announced that 1.6 million of the crashes that occur each year across the nation are caused by drivers using cell phones – that equates to 28 percent of all traffic crashes. Out of that 1.6 million crashes, the NSC says 200,000 are caused by drivers who were texting while driving.

Apparently, this happens with extreme frequency. A study by AAA Foundation for Traffic Safety reportedly showed that 53 percent of motorists around the U.S. said they have used a cellphone for either talking or texting while they were driving. That same study indicated that 60 percent of the drivers said they use a hand-held phone, compared to 34 percent who use a hands-free phone.

What some people have suggested is that cellphone use while driving could someday be treated like driving under the influence of alcohol. If that is so, could any one of us be arrested for TWD, or texting/talking while driving? Nobody can be certain, but there is always a chance.

Cell phones can be hazards, TimesDaily.com, January 25, 2010

U.S. Supreme Court Chief Justice Roberts was apparently unhappy with the denial of a recent appeal brought before the top court. According to news reports, the Supreme Court declined to review a case of driving under the influence of alcohol, which was under appeal due to a reversed conviction of an impaired driver. The reversal was based on the fact that the police did not actually see the drunk driver do anything wrong. Instead, they stopped the driver based on an anonymous tip of a car being driven by someone allegedly intoxicated.

As a Birmingham DUI defense lawyer, I was pleased to see that the Supreme Court refused to review this appeal. Not because I believe the top court shouldn’t be handling DUI cases, but because this goes to the core of what the police need to be doing, which is observing traffic violations and acting on those observations. In the original drunk driving case, which occurred in Virginia, the police answered an anonymous call advising them that a person may have been driving under the influence of alcohol.

The original outcome was a conviction for DUI and affirmed by the Virginia Court of Appeals, which upheld the legality of the stop. However, on further appeal to the Virginia State Supreme Court, justices voted 4-to-3 to reverse the conviction and also to adopt a rule that commands police officers following a driver reported to be drunk to do nothing until they see the driver actually do something unsafe on the road.

The case was then brought before the U.S. Supreme, which has declined to review it. This apparently has upset Justice Roberts who wrote in his dissenting remarks, “Ordinary citizens are well aware of the dangers posed by drunk driving, and they frequently report such conduct to the police. A number of States have adopted programs specifically designed to encourage such tips….”

Roberts argues that the US Supreme Court should hear the case because he is not convinced that the law requires independent confirmation of an anonymous tip. “I am not sure that the Fourth Amendment requires such independent corroboration before the police can act, at least in the special context of anonymous tips reporting drunk driving. This is an important question that is not answered by our past decisions, and that has deeply divided federal and state courts. The Court should grant the petition for certiorari to answer the question and resolve the conflict.”

Continue reading "Alabama DUI News: U.S. Supreme Court Turns Down Appeal for DUI Arrests Based Anonymous Tips" »

Fact: Alabama is one of only three states that don’t yet require ignition interlocks for convicted DUI offenders. Although the other 47 states in the Union have some type of drunk driving laws on the books that call for ignition interlocks for repeat drunk driving offenders, we still do not. Could this change? You bet.

More and more, these breath testing devices have become popular with courts and legislators around the country. Backed by groups such as Mothers Against Drunk Driving (MADD), 11 states now make the installation of an ignition interlock mandatory on the vehicles belonging to anyone convicted of a DUI, including first-time offenders. Hawaii was number 11. MADD has been lobbying hard for the past three years to have all 50 states require the devices for every driver convicted of operating a vehicle under the influence of alcohol.

For use, iginition interlocks are wired into a car's electrical system. Before the car can be started, the driver must blow into a plastic tube attached to the unit -- just like a breathalyzer. If the device detects a blood alcohol content above (typically) 0.025 percent, the car will not start. The units also require random retests, which supposedly prohibits a drunk driver from having a sober person blow into the device to start the car, then getting in and driving off.

Interlocks usually cost about $75 to install, while the driver must pay a similar amount every month after that while the device is attached to the car. The unit must also be recalibrated every couple months or the vehicle will shut down.

Many states have used ignition interlocks as a part of their sentencing for years now. Some states, like Kansas, have seen the number of ignition interlock installations increase as that state’s legislature has kept tightening its DUI laws. According to reports, Kansas has had a 45-percent increase in the number of interlocks installed due to DUI convictions from a year ago.

The push around the country is to help prevent repeat DUI offenses. Do they work? Apparently so, if you believe the information coming from proponents of the devices. According to a MADD spokesperson, ever since New Mexico enacted its interlock laws in 2002, the rate of drunk drivers re-offending in that particular state has decreased by 65 percent.

Are we next? All I can say is that Alabama is one of the lone holdouts, joined by Vermont and South Dakota. These three states are yet to have ignition interlocks written into their drunk driving laws.

As an Alabama DUI defense attorney based in Birmingham, I can tell you that a drunk driving conviction, even for a first-time offense, will most certainly be costly and can often be detrimental to both your career and your private life. Having a mandatory ignition interlock as an added condition of one’s sentence for a DUI offense would only compound the inconvenience and stigma of a conviction. This is why I constantly encourage people accused of driving under the influence to seek a qualified drunk driving lawyer for their defense.

There’s no telling how soon we might see similar legislation in our own backyard, but with the success MADD has had to date, Alabama drivers could see ignition interlocks sooner than later.

Legislature breathes life into revision of Kansas DUI law, LJWorld.com, June 15, 2009