Alabama DUI Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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.