Alabama DUI Lawyer Blog

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.

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