Alabama DUI Lawyer Blog

The head football coach at Grissom High School in Huntsville was recently arrested and charged with DUI on school property, The Huntsville Times reports.

Certainly it can be shocking for the public when a football coach, or any person of influence over children, is charged with DUI because of the potential impact on teenagers. But what people must understand is how common and unsophisticated a charge DUI is. It can -- and does -- happen to anyone. Politicians, educators, celebrities and athletes alike have all faced a charge of a DUI in Alabama and throughout the country because it is typically done by accident.

The Alabama DUI Lawyer Blog has reported on politicians, teachers and other celebrities who have been arrested for this charge not to embarrass them, but to show that anyone can unknowingly commit this crime. Yet despite the nature of the charge, lawmakers have made penalties for DUI in Birmingham staggeringly high compared to other misdemeanor crimes. That's why consulting with an experienced Birmingham DUI Attorney should be the first step.

According to the news report, the football coach was arrested near the practice field at the high school one recent weekend night. The article quotes school officials as saying he "was or had been driving" a school vehicle when he was arrested. Police, though, said he was "not in the process of driving," but was in or near the vehicle.

Police wouldn't release the man's blood-alcohol level, whether he took a field sobriety test, breath test or blood test or other details of the investigation, saying it was ongoing, or that the information could be used by his defense attorney.

Obviously, it will be used by his defense attorney, if the lawyer has experience handling DUI cases. What is interesting in this case is the fact that school officials are telling the media he was driving a vehicle, while the police say he wasn't. If the coach wasn't driving a vehicle, how could be he charged with driving under the influence?

It's contradictory information like this that must be presented not only to prosecutors while they are making the decision whether or not to press charges, but if it gets to a trial, at trial. Showing that police aren't 100 percent sure on the details of the investigation can go a long way with a jury about showing the person isn't guilty of the charge.

It is critically important for a defendant to trust their attorney and to hire someone who has the experience and knowledge handling DUI defense. While some in the public may believe that an arrest means the case is open and shut, that's not the case at all. All aspects of a case can be challenged, such as the probable cause for the initial stop, the breathalyzer results and even the officer's observations on field sobriety testing.

Because the stakes are so high -- possible jail time, probation, community service and the knock to a person's reputation -- all DUI cases must be handled aggressively in order to avoid the possible punishments.

Continue reading "Huntsville Football Coach Charged With DUI" »

Ok. In a nutshell this is the mentality of 99 percent of the population when it comes to DUI in Birmingham and elsewhere in Alabama: "There was another move at the state capitol today could save the lives of innocent drivers who are at risk of being killed by a drunk driver."

That was how ABC 31 News reported the drive by lawmakers to force those convicted of drunk driving in Alabama to install ignition interlock devices. This was not a column, mind you, which would permit opinion. This was the straight news story.

Birmingham drunk driving defense attorneys battle this same mentality in the courtroom and in the court of public opinion. Lawmakers will pass the tougher law. And ignition interlocks will no doubt be required for some or all of those convicted of DUI in the future. Regardless of the civil liberties questions. Regardless of the expense or whether or not they are effective in preventing drunk driving. When it comes to drunk driving, there is no backlash for politicians who want to show they are tough on crime by passing another needless slew of legislation.

In 1999, nearly 16,000 drivers were arrested for drunk driving in Alabama and 435 motorists were killed in accidents involving alcohol. In 2007, fewer than 13,000 were arrested and 444 people were killed in crashes attributed to alcohol. And the National Highway Traffic Safety Administration reports that two-thirds of all fatal crashes in Alabama do not involve alcohol.

The truth of the matter is that fatal drunk driving crashes are at an all-time low nationwide. Yet law enforcement continues to emphasize making DUI arrests. The result in an increasing number of questionable or marginal arrests. Given the continued emphasis on increasing the penalties for a drunk driving conviction, it is more important than ever before to seek qualified legal representation and to fight to keep a DUI conviction off your record.

House Bill 276 and House Bill 361 would require repeat drunk driving offenders and first-time offenders with a blood-alcohol level greater than .15, to have an ignition interlock device installed on their vehicle. The devices force a driver to successfully test their breath for alcohol before a car will start. The proposed law would also require jail time for those caught driving with a revoked license.

The story went on to quote several members of Mothers Against Drunk Driving, which would also like to limit the discretion of judge's by forcing uniform sentencing measures.

No opposition from civil rights organizations or defense attorneys was included as part of the news story.

Continue reading "Coverage of Ignition-Interlock Debate shows Challenge Faced by Birmingham DUI Defendants" »

Whether you live or work in Tuscaloosa, Fayette, Blount or any of Alabama’s other counties, nobody expects to be arrested for driving under the influence of alcohol. Here in Jefferson County, my Birmingham DUI defense law firm understands the anxiety that motorists can experience during and after a DUI stop. From first-time drunk driving and prescription drug DUIs, to repeat felony drunk driving charges, this is serious business.

Being arrested for driving while intoxicated can happen day or night, sometimes as a result of a routine traffic stop and other times as part of a drunk driving roadblock, also known as a sobriety checkpoint. No matter the circumstances, if you have been charged with drunken driving you most certainly should contact a qualified legal professional, even if this is your first DUI Offense.

It must be remembered that under Alabama law a blood-alcohol content (BAC) measurement of 0.08 percent or more means you can be charged with being legally drunk. Also important to keep in mind is that even a conviction for a first offense can have a serious impact on a person’s life.

Being convicted for DUI can, at minimum, result in the suspension of your driver's license for up to 90 days. At worst, it can spell jail. Some people might not understand the full impact of a license suspension, but this is not to be taken lightly. Such a punishment can affect how you get to and from work, if you can meet your obligations as a parent, even cause the permanent loss of a job, especially for those who work as commercial drivers.

I’ve handled so many DUI cases and spoken with enough people to know that representing yourself in a drunk driving case is never a wise decision. Not only can the process be frightening and confusing for first-time offenders, there is no way you can be fully prepared to face the court, not like you can with an experienced DUI defense attorney by your side.

Continue reading "Birmingham DUI Update: What to Do When Facing a First Drunk Driving Offense in Alabama" »

It’s no secret that defending against drunken driving charges can be costly. However, not getting the proper defense can be just as expensive, and not simply in financial terms, but also the restricted lifestyle that a DUI conviction can cause. As a Birmingham drunk driving defense attorney, I can say without hesitation that court fines and fees coupled with increased insurance premiums following a conviction for driving under the influence of alcohol can add up to a substantial hit on one’s wallet.

Add to these economic penalties the possible loss of driving privileges and potential impact on person’s job and future earning potential, and you have a perfect example of why hiring an experienced DUI lawyer can be priceless. Wherever you live or work, be it Montgomery, Prattville, Anniston or Opelika, the most important step is to avoid drinking and driving in the first place.

The reason for this is simple: Being pulled over for DUI is one thing, but being arrested for hurting or killing another person as a result of drunk driving is a whole other story. Not long ago, an Alabama man charged with DUI-related vehicular homicide asked the court for thousands of dollars in public money to assist in his defense -- at the time of the news report, the judge was still considering the request.

The history of this case goes back to the summer of 2007. According to reports, 21-year-old John Waldrop John Waldrop is accused of hitting and killing Amanda Larpenter, 22, of Gray, LA. The Mobile man has been jailed since his arrest back in July of that year since he could not come up with the $1 million bond.

During a recent hearing, Waldrop told the judge in the case that he had no money to pay for three experts the defense claims it needs to counter the testimony expected from the state’s witnesses. Based on news articles, the former shipyard repairman testified that his grandparents in Mobile already had spent about $12,000 -- taken from a checking account he shared with his grandmother and by selling a truck and motorcycle.

Each of the three experts is reportedly qualified in a field related to the case, including car-wreck reconstruction, field sobriety tests and alcohol breath-test machines. Those expert witnesses reportedly would charge in the neighborhood of $200 or more per hour, with each logging an expected 10 hours of work.

Last June, Waldrop unexpectedly refused a deal for 15 years in prison in exchange for a guilty plea. If convicted on the vehicular homicide charge, the man could receive between five and 30 years in prison and be fined between $2,000 and $15,000.

Defendant asks courts for defense money, HoumaToday.com, February 10, 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?" »

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

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

If you, a family member or someone you know has been arrested for drunk driving in Birmingham, Alabama, or surrounding areas, the following information may be of help. Many people who get pulled over for driving while intoxicated realize that they have no true defense. As a skilled Alabama DUI Attorney, some of my clients have asked me what their options are when the police clearly had them “dead to rights.” Although this may seem like the end of the road, it may not be.

Under some circumstances it is possible to negotiate a “deferred prosecution” for an Alabama DUI charge. Using this approach, as opposed to fighting the DUI charges in court, is sometimes advisable when there are no other grounds to have your Alabama DUI charge dismissed. If a lawyer believes his client cannot prevail in a jury trial, or in situations where the client/defendant seeks to end the drunk driving nightmare as quickly and as cheaply as possible, the deferred prosecution avenue is sometimes the best choice.

In a deferred prosecution, a person who is charged with an Alabama DUI basically agrees to plead guilty. In such instances, as long as the defendant completes certain requirements (which differ slightly from one jurisdiction to the next), the drunk driving charges are dropped.

A typical Alabama DUI deferred prosecution requires the defendant to pay fines, attend alcohol abuse classes, take random drug and alcohol screenings, and complete community service. Normally the defendant will have approximately six months to complete these requirements. If the requirements are met, the prosecution dismisses the DUI charges.

This is a beneficial strategy because your permanent record is at stake. Just one DUI conviction can be devastating to an individual; it can result in the loss of a job or the end of a career, cause an increase in insurance premiums, and stay on your record forever. Deferred prosecution eliminates most of the serious and lasting consequences of an Alabama DUI charge. Deferred prosecution can be offered to those with multiple Alabama DUI convictions as well.

As an Alabama DUI lawyer, I have participated in numerous deferred prosecution negotiations. It is essential that anyone charged with a DUI in Alabama hire an experienced Alabama DUI lawyer who can get you the most attractive deal possible. Deferred prosecution is not guaranteed, nor is it offered to everyone. Unfortunately, I have seen way too many Alabama DUI defendants go to court without hiring an attorney and end up with a permanent criminal record when they would otherwise have qualified for deferred prosecution.

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