Alabama DUI Lawyer Blog

It’s not uncommon for a motorist to be charged with drunk driving following a traffic accident. Whether you’re a passenger car driver or a professional truck driver, a DUI conviction can be devastating. For a professional it can mean the end of a long career; for a person holding a standard operator’s license, driving privileges can be lost or severely limited. In all cases, fines can be expensive and social stigma can cause unintended consequences.

As an Alabama drunk driving defense lawyer practicing in the Birmingham area, I’ve seen what can happen to folks who get pulled over for driving under the influence of alcohol. It makes no difference where you’re from -- Tuscaloosa, Phenix City, Homewood or Vestavia Hills -- no matter where in Alabama you come from, drinking and driving can cause a load of problems. You never know when it might happen, either.

A news article showed just how unpredictable a DUI arrest can be. According to reports, a semi tractor-trailer driver was charged with drunken driving when he apparently lost control of his rig during a traffic accident on U.S. 43 just north of Killen, AL. Police said that the incident occurred in the early evening of February 3 following a collision between the trucker’s vehicle and a much smaller vehicle.

Witnesses at the scene told officers that a Suzuki passenger vehicle crossed into the path of a 1996 Volvo tractor-trailer, which triggered the crash. Apparently the driver of the Suzuki told a witness at the scene that he had spilled some coffee and while reaching down to pick it up had swerved into the truck and clipped the trailer.

The truck, which was being driven by 54-year-old Larry Patterson of Florence, AL, crossed the highway and ran off the westbound side. The semi, which was carrying heavy steel coils, went down an embankment approximately 150 feet and lost at least one of its coils in the process. The truck also spilled approximately 250 gallons of diesel fuel, threatening a nearby creek and pond.

The driver of the Suzuki, Kevin Black, 30, of Florence, was flown to Huntsville Hospital, but authorities said his injuries did not appear to be life-threatening. The truck driver, on the other hand, was not injured according to troopers at the scene. He was arrested at the scene after failing a field sobriety test. Based on Alabama law, the legal blood alcohol content (BAC) for someone operating a commercial vehicle is 0.02 percent. Police had not revealed what Patterson's BAC level was at the time of the report.

Teacher's aide injured in accident, TimesDaily.com, February 4, 2010

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

Let’s say you got pulled over last week for drunk driving in the Huntsville area. Having a suspicion that you might be impaired, the officer asks you to take several field sobriety tests. If you failed, there’s a good chance that your next stop would be the local police department for a breathalyzer test. As a Birmingham DUI defense attorney, I know that being convicted for driving under the influence of alcohol can impact a person’s life for a long time to come.

Assuming you blew a 0.08 percent blood-alcohol reading on the department’s breathalyzer, you may think that you have no option but to plead guilty in front of a judge, however you would be wrong. Whether a motorist is arrested for DUI in Birmingham, Mongomery, Tuscaloosa or down in Mobile or Dothan, you have the same real option: contacting a qualified drunk driving defense lawyer.

For anyone stopped for DUI in Alabama’s and issued a summons for driving while intoxicated, the question you should ask yourself is were you truly drunk? Perhaps you had something to drink, but was a charge of drunk driving really warranted? Maybe yes and maybe no. Just like other aspects of the law, not every DUI arrest is completely cut and dried.

Many clients I have represented felt that they were unjustly accused. While some may have broken the law, they also understand the often severe consequences of a DUI conviction. If you want to improve your outcome in court, don’t automatically assume that you “have it coming.” That’s simply the wrong way to think about this kind of situation.

Something that really makes people believe the authorities have a strong case against them is the results of a breath test. You should understand that blowing a reading over the legal limit (that is, more than 0.08 percent blood-alcohol content or BAC) does not automatically mean you can or will be convicted of a DUI charge. Do not feel you are “out of luck” because the breathalyzer registered a high BAC.

There are several factors that affect your BAC, and there are also a number of other things that can influence the final breathalyzer reading. Every experienced drunk driving defense lawyer should know the how a breathalyzer functions, how it should be maintained and how a police office should use it to measure a driver’s BAC.

Continue reading "Birmingham DUI defense Lawyer: Will a High Breathalyzer Reading result in an Alabama Drunk Driving Conviction?" »

Being convicted of driving under the influence of alcohol can impact a person’s career, perhaps even end it. This is just one of the pitfalls of being arrested for DUI in Alabama. As a Birmingham drunk driving defense attorney, I have seen what happens to people arrested and charged with driving while intoxicated. Even if one is not found guilty, the stigma of a DUI arrest can haunt a person years after the original episode.

Recently, the mayor of Union Springs, AL, was arrested for DUI not far from his home in Bullock County. Although he denied doing anything wrong, John McGowan was taken into custody in late December and charged with driving while intoxicated. The event took place around 2:30am on a Saturday morning while the mayor was attempting to assist his step-daughter who had herself been pulled over earlier for driving without her headlights turned on.

According to news reports, the mayor allegedly tried to persuade the Union Springs police officer in charge from writing a citation for McGowan’s step-daughter. During the encounter, the officer requested that the mayor return to his car and leave the scene. At that time, based on the police report, the patrolman detected the smell of alcohol on McGowan’s breath.

The officer on the scene then conducted several sobriety tests on the mayor, who was subsequently arrested for DUI. He was also charged with obstructing government operations. McGowan, who has been mayor of Union Springs for just over a year, was taken into custody but later released on bond.

According to news reports, the mayor’s arrest has punctuated an already contentious relationship between him and the municipality’s police department, which has included various allegations of police intimidation as well as a local controversy where the law enforcement officials were forced to move sobriety checkpoints farther away from a night club allegedly owned by one of the mayor's family members.

McGowen’s court date has been set for January 13, 2010, at the Union Springs Municipal Court.

Union Springs mayor arrested, WSFA.com, December 26, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We all expect authority figures to do the right thing and act as models to which the rest of us may aspire. Regarding drinking and driving, I’ve already spoken of the responsibility that judges, prosecutors and police officers have to maintain the same standards which they expect average citizens to meet. But I now must add educators to this list, if only for the sake of our children. A recent article about a teacher in Mobile who was arrested for DUI is a sad commentary on the example that some people are setting for our youngsters.

As a Birmingham DUI defense lawyer, even I was shocked that this happened at all, much less at the beginning of a school day. Apparently on her way to school, Suzanne Morrison was spotted weaving through traffic on Interstate 10 around 8am on the morning of Tuesday, September 1, before a patrolman pulled her over.

As the officer approached Morrison's silver Pontiac Grand Prix, he noticed her drinking from a cup. According to reports, the officer detected a smell of alcohol on her breath, following which he located the cup with some alcohol remaining in it.

The 42-year-old Morrison was given a field sobriety test, which police say she failed. Later she was given a breath test to determine the blood-alcohol content (BAC) of her blood, but authorities have declined to release the results. Morrison was charged with DUI and placed in Mobile County Metro Jail overnight in lieu of $1,000 bond.

The sad part is that Morrison has 19 years of educational service to her credit -- she was even named Teacher of the Year at the Chickasaw School of Mathematics and Science in 2002. News reports also indicate that she has been going through a divorce, which her husband initiated on Valentine's Day this year.

As for school officials, they have been placed on administrative leave for now and reportedly will wait until it is known if Morrison was in fact under the influence of alcohol, and if she was intending to go to work in such a condition. If so, she could be relieved her duties permanently. I can only hope that she may have learned a lesson herself.

Chickasaw teacher arrested for DUI while heading to school; was named school's top teacher in 2002, AL.com, September 2, 2009

As a Birmingham drunk driving defense lawyer, I stand in front of judges and prosecutors on a regular basis defending my clients against DUI charges. Because I defend individuals accused of driving while intoxicated, I believe that representatives our law enforcement agencies, as well as the judiciary, should be held to the same standards as the rest of Alabama’s citizenry. A recent story about a DeKalb County assistant district attorney who was charged with an alcohol-related offense emphasizes my point.

According to police reports, assistant DA Julie Baker McCormick was the passenger in a car being driven by her husband, Toby McCormick, during the evening of August 21. The couple’s vehicle was pulled over by police officers as part of a driver’s license checkpoint around 11pm that evening on County Road 51.

News reports state that McCormick’s husband was allegedly drunk at the wheel, and that the 33-year-old DeKalb County prosecutor was in possession of an alcoholic beverage. As a result, Alabama State Troopers at a traffic roadblock arrested the pair and took them into custody. Ms. McCormick was charged with unlawful possession of a prohibited beverage, while her husband received a DUI.

The McCormicks were transported to the DeKalb County jail for processing, and subsequently released early Saturday morning on $1,500 bond each.

At this point, I must say that any judge, prosecutor or patrolman who doesn't observe the same standards that he or she expects the rest of us to live up to does not deserve our respect. Apparently, McCormick’s office believes this to be the case as well, as there doesn’t appear to be any special treatment in the offing.

According the news article, District Attorney Mike O’Dell said he will let McCormick be treated as any other suspect. “Like any other person, Mrs. McCormick will go through the system. I will step back and let the system run its course,” O’Dell is quoted as saying.

“I will be sitting down and talking to Mrs. McCormick at the conclusion of this case to determine if any discipline or sanctions take place. It is unfortunate she found herself in this situation. She is a hard worker and a great young lady and has always done a good job in this office. I would expect that to continue despite these circumstances.”

Assistant DA receives alcohol charge, Times-Journal.com, August 24, 2009

As a Birmingham drunk driving defense lawyer, I know that a DUI-related traffic accident can become very complicated when injuries are involved. Multiple-vehicle accidents can, of course, result in serious injuries and sometimes death. However, driving while intoxicated and hitting a pedestrian or cyclist can up the ante significantly in the eyes of a local prosecutor. This is why anyone arrested in Alabama for driving under the influence of alcohol should retain the services of a qualified DUI defense attorney.

A recent news story coming out of Baldwin County, AL, details an all too common scenario involving an inebriated motorist and several unlucky bicyclists. According to police reports, three cyclists were pedaling on a Saturday morning along County Road 1 just south of Point Clear. Around 8:30 a.m. the three were hit by a driver identified as Bradford Maples, a resident of Fairhope, AL.

Alabama State Troopers discovered the injured bicyclists, including Angela Ross, Craig Ross and Tracey Wall, all from Fairhope as well. Emergency personnel treated the three at the scene and then transported them to hospitals for further examination. Wall was airlifted to the University of South Alabama Medical Center USA Medical Center in Mobile, while the other two cyclists were taken to Fairhope’s Thomas Hospital. According to new reports, none of the injuries appeared to be life-threatening.

Police arrested the allegedly drunk driver on charges of DUI. Authorities said that they may press additional charges in the future. Being an experienced DUI defense lawyer, I can say that the injuries sustained by those bicyclists may cause additional difficulty for Mr. Maples. Also, if this is not his first DUI offense, I know for certain that repeat drunk driving offenders are looked on very dimly by law enforcement and judicial authorities. If so, he will no doubt need professional representation during his trial, assuming the charges are valid.

Bicyclists Hit By Suspected Drunk Driver, wkrg.com, August 22, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DUI laws for Alabama municipalities appear to be too lenient based on news coming out of Huntsville lately. In the wake of the violent drunk driving traffic deaths of two teenagers on April 17, Mayor Tommy Battle and the Huntsville City Council are actively seeking more stringent legislation for those with previous drunk driving offenses.

At the Huntsville City Council meeting last week, members demanded to know why municipal DUI offenders are not subject to the same three-strike rule as the state requires when it comes to driving under the influence of alcohol. According to reports, the man who sped through an intersection that Friday night -- hitting and killing Grissom High School sophomore, Leigh Anna Jimmerson, 16, and her boyfriend, Tad Mattle, 19 -- already had an outstanding warrant for a previous drunk driving offense.

According to authorities, the 25-year-old suspect, Felix Dominguez Ortega, has been arrested previously under the name Adan Herrera. Police also claim that Ortega has used the names Reynaldo Martinez and Juan Sanchez. Being held in the Madison County jail on $2 million bond pending trial, he has been charged with two counts of murder, as well as with possession of a forged instrument and operating a vehicle without a valid driver's license.

Every drunk driving offense is serious, but when deaths are involved the situation can be very challenging for the defense. Regardless, in our legal system every defendant has the right to be represented when his day in court arrives. The charges against the defendant in this case make it all the more important to have a skilled legal professional on his side.

This latest DUI-related traffic death has ignited calls for tougher laws. As it stands now, a third-time municipal DUI offense does not automatically result in a felony on a driver’s record. This could change in the months to come, as Mayor Battle recently announced his plans to effect a change in the law. Working with state representatives, Battle has helped create House Bill 260, containing legislation that the bill’s authors hope will lower the number of DUI's in Huntsville, and across the state.

If you or anyone you know finds themselves accused of DUI, we highly recommend that you seek the services of a qualified and experienced Alabama DUI Lawyer. Eversole Law has the skills and the knowledge to provide a quality defense for clients in Birmingham and surrounding areas.

Huntsville Officials React to DUI Deaths, WAAYTV.com, April 23, 2009

Overflow crowd fills church for Leigh Anna Jimmerson's funeral, AL.com, April 22, 2009

Police: Crash suspect has warrants for DUI, AL.com, April 21, 2009

State Senator Zeb Little, who was pulled over for allegedly driving drunk earlier this month, has had his court date changed to May 18 due to a scheduling conflict with his senate obligations. The state senate majority leader was arrested for DUI by Alabama State troopers on the afternoon of Friday, April 3, along Interstate 65 after a brief police pursuit.

On that day, the allegedly intoxicated politician hit another vehicle while traveling on I-65 and then left the scene, after which police located the senator and tried to pull him over. Initially, he ignored the pursuing officer, who signaled several times to have him to stop his vehicle. Eventually, Little did stop his 2008 GMC Sierra pickup near the exit to Alford Avenue in Hoover, according to police reports.

The 40-year-old democrat from Cullman, AL, has some serious charges pending against him, including driving under the influence and having an open container of alcohol in the vehicle. Police also charged Little with failure to yield to an emergency vehicle, as well as operating a vehicle on an expired driver's license.

Although reports indicate that Little was arrested for DUI when he was 19 years old, he was acquitted of that 1988 charge. This being the case, his latest arrest could lead to a first DUI conviction, which means he could be facing up to a year in jail and a fine of $600 to $2,100. Additional penalties could also include a 90-day suspension of driving privileges if he is found guilty of driving a vehicle while intoxicated. For now, Senator Little will have to wait until May 18 for his appearance before a judge in Jefferson County.

As a high-profile public servant, it is a safe bet that the senator will have top-notch representation. But no matter what a person’s station in life, everybody deserves a quality legal defense. As skilled Alabama DUI Lawyers, we have vast experience defending DUI cases much like this one. If you or a relative has been arrested or received a summons for drunk driving, we recommend that you contact a knowledgeable attorney, such as can be found at Eversole Law.

Court postponed for Sen. Zeb Little, CullmanTimes.com, April 28, 2009

Alabama state Sen. Zeb Little now set to appear May 18 in Jefferson County District Court, AL.com, April 27, 2009

Senator holds leadership role despite DUI arrest, WSFA.com, April 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.

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

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

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

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

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

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

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

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

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

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

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

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

3. Breath Testing Machines Mistake Other Chemicals for Alcohol

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

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

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

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

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

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

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

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