Alabama DUI Lawyer Blog

Birmingham DUI Lawyers: How to Avoid Conviction

Sat, 12 May 2012 08:41:46 -0600

Our Birmingham DUI lawyers know that smart people sometimes make bad decisions.

Unfortunately, for those who end up getting a Birmingham DUI as a result, the consequences of that bad decision can be long-lasting. It can affect your wallet, your employment, your home life - and even your freedom.

Of course, there are ways that a skilled Birmingham DUI lawyer can take almost any scenario and build a solid defense. Hiring the right attorney is important in these cases.

However, the best way to avoid a DUI under Alabama Code §32-5A-191 is to avoid drinking before you get behind the wheel. That one is obvious. However, here are some other things you may want to keep in mind that in the end will aid your DUI defense attorney or possibly help you avoid arrest altogether.

The first is to know your limit. Alabama is not a state that mandates zero tolerance. That is, you can still consume an alcoholic drink and get behind the wheel. What you can't do is have more than a 0.08 blood alcohol level (unless you're under the age of 21, in which case it's lower). Now, there are a host of factors that this depends on, including your height and weight, the strength of the alcohol you're consuming, how long you've been drinking and your individual metabolism. So it's not an actual science. There are calculators online (if you Google them) where you can punch in the numbers and figure your approximate blood alcohol content, based on your weight, how much you've had to drink and how long you've been drinking.

Generally speaking, however, if you are a woman weighing about 140 pounds, you're driving is likely to be impaired sometime between drink number two and three. If you are a man weighing about 180 pounds, you will probably be considered impaired sometime between drink three and four.

This is not to say that this is the exact amount you can drink before getting behind the wheel - every person is different. But it's good to educate yourself about your limit before you indulge.

Next, make sure your vehicle is in good working condition. Most often, DUI traffic stops happen when police pull you over for some other infraction, such as a headlight that is out or illegal tinting on your windows.

If you are stopped, treat the officers with respect and courtesy. Even if you have been drinking, it doesn't necessarily mean that you'll be arrested. However, you increase your chances of an arrest if you are rude or hostile to the officer.

Also, have all your information readily available to hand to the officer. This includes your insurance, your license and your vehicle registration. In many cases, this will make the stop go much more smoothly for you.

Understand, too, that just because you haven't consumed alcohol, you may still be arrested for driving under the influence if you have consumed any prescription medications or illegal drugs. These cases can be more difficult for police to prove, but it's important for you to educate yourself, particularly if you are taking a prescribed drug which may impact your ability to safely drive.

Birmingham DUI Defense: Do Research Before Advocating Law Change

Wed, 09 May 2012 13:57:02 -0600

Birmingham DUI lawyers know that when it comes to penalties for first-time Birmingham DUI offenders, it can be rough.

In fact, the Department of Public Safety requires that first-time DUI offenders can get up to one year in jail, a fine of up to $2,000 and a mandatory three-month license suspension, accompanied by required attendance in DUI school.

For a second DUI conviction, an offender may face up to 1 year in jail (a minimum of two days), a $5,000 fine at least 20 days of community service and 1 year of license suspension.

Of course, that's all assuming no one was hurt as a result of the DUI.

That may not sound like much in comparison to other crimes, but when you are trying to earn a living and take care of your family, such restrictions can represent a huge roadblock in your life. That's why it's so important for Birmingham DUI offenders to fight the charges.

Having said all that, our Birmingham DUI defense lawyers were troubled by suggestions out of Mobile, following a fatal DUI accident there, that the state DUI laws be stiffened.

Here's what we know of that case, according to Fox 10 TV:

A young woman is facing DUI homicide charges in the death of her boyfriend, following an accident in which she reportedly admitted, on camera, that she had been drinking just prior to the wreck.

At issue was the fact that she had a former DUI arrest.

The district attorney in Mobile was quoted as saying that there has been an increasing number of DUI arrests and DUI injuries and deaths. This, he said, should be a foundation for lawmakers to act on calls for tougher penalties for first-time DUI offenders.

But let's stop a second and look at the real numbers (those that the reporter in this case didn't bother to actually look up).

State law enforcement officials peg the number of DUI arrests in Alabama at about 18,300 in 1995. That same year, there were 372 fatal accidents involving alcohol. Skip then to 2000. That year, there were about 13,700 DUI arrests in Alabama and 329 fatal accidents involving alcohol. Then in 2003, we saw about 14,300 DUI arrests and about 300 fatal accidents involving alcohol. Now let's look at 2007. There were 12,800 DUI arrests that year and 345 fatal accidents involving alcohol.

So what is really the trend here? We see that the number of DUI arrests has been dropping dramatically ever since 1995 - in fact, it's down by nearly 30 percent. As far as the fatal accidents, it's true they are up slightly from a few years ago, but they are actually down from 1995.

What this means is that the laws that we already have in place appear to be quite effective. Unnecessary laws are a waste of taxpayer time and energy, and will only end up hurting our state in the long run.

Birmingham DUI Arrests Likely to Increase on Cinco De Mayo

Fri, 04 May 2012 12:20:08 -0600

While Birmingham DUI attorneys want everyone to have a great Cinco De Mayo celebration, we would caution you about the increased risks of getting slapped with a Birmingham DUI this weekend.

It doesn't even matter if you're out specifically enjoying the Mexican-themed festivities or not: Law enforcement agencies are going to be out in full force in the form of roving patrols, DUI checkpoints and simply waiting outside of bars. They see holidays like this as being easy chance to nab residents, and questionable charges may result.

Celebrations are likely to be more raucous this year because for the first time in five years, the holiday falls on a weekend. Police know this too, which gives them all the more reason to boost their patrol officers and support staff.

In years-past on this and other holidays known for alcohol consumption, Apple customers could download apps to inform them where Birmingham DUI checkpoints might be. The app was voluntarily removed by the company last summer, following the request of lawmakers across the country.

Suffice it to say, though, Birmingham DUI checkpoints are likely to be deployed. And there are still likely to be more than a few arrests, in accordance with Alabama Code 32-5A-191.3. This defines impaired driving as anytime someone gets behind the wheel of a motor vehicle when their blood alcohol level can be measured at a rate of 0.8 percent or higher -- Or if officers determine the driver is impaired by the influence of other drugs or substances. If you're under the age of 21, that rate drops to .02 percent.

That said, even when it seems there is a fair amount of evidence against you, there are still strategies that an experienced Birmingham DUI lawyer can use that can result in a formidable defense.

The first thing it's important for Birmingham DUI lawyers to point out is that checkpoints have to be done according to very specific protocol. Generally speaking, they have to be carried out using some sort of neutral formula. This means, for example, that officers stop every third car that comes through the checkpoint. This ensures that officers aren't profiling people based on their race, religion, sex, etc.

Secondly, Birmingham DUI checkpoints have to be done for a certain, limited amount of time and with the primary consideration for public safety. That means that, for the most part, you're not going to see them conducted on every street or on every weekend. However, you shouldn't allow this to make you complacent.

And finally, there has to be advanced warning of the checkpoint. Usually, this is not an issue because law enforcement agencies like to get the word out that they are out doing what they're paid to do. However, that doesn't necessarily mean they are doing everything according to procedure.

Lastly, a note about field sobriety tests. These tests are highly subjective, and often easy to fail. Unless you are positive you can pass it, there's no reason you should take it.

Expect Public Humiliation If You Get a DUI in Montgomery

Thu, 08 Sep 2011 15:18:19 -0600

Take a recent "Police Report" on AL.com and look at what proof of a crime there is.

This online article lists the names, ages, and cities where 15 people live who were recently arrested and charged with DUI. It doesn't even show any facts of what happened, why they were stopped, why the officer pulled the driver over or any proof they are guilty.

Yet, there they are, plastered for anyone on the World Wide Web to see, as if they're guilty of DUI in Tuscaloosa, or anywhere else. This is only one side of the story. Our experienced DUI Defense Attorneys in Tuscaloosa and Birmingham know that fighting these charges is the one way to really clear your name after you've been arrested.

Sadly, the newspapers have shrunk in size year after year because of lower profits and the rise of the blogger. And with less staff to do a quality job, they rely on these cheap reports written by interns, most likely, to get people to read the "news" they put on these websites.

This includes these "police reports," which take the police department or sheriff's office's word for it and publishes the names of those who were arrested. Sadly, even if the charges are dropped two days later, the names can stay up there for months or years to come. Of course there are no subsequent articles detailing the prosecutor's decision to drop the charges.

But the only true way for a person to clear their name is by fighting a DUI charge. That requires an aggressive DUI defense, which first off includes attacking the police officer's observations and actions. Law enforcement officers must be very careful when they conduct a DUI investigation because there are certain steps they must take and if they don't it could result in charges being dropped.

First of all, why they decided to stop the vehicle is the first thing that should be looked at by the defense. They must have a valid reason for stopping the vehicle in the first place, whether it's for swerving in and out of lanes, running a stop sign or red light or sudden stopping and starting.

Sometimes, officers don't have a reason for the stop and everything that happens after that point must be thrown out, however damaging the evidence. A driver has a Fourth Amendment right not to be subjected to illegal search and seizure, which includes a person being investigated for DUI.

Follow that up with the police officer's observations when conducting field sobriety tests in Tuscaloosa. This includes walking and turning, following an object from side-to-side while having a flashlight shone in your face and standing on one leg. While officers may say that a person blatantly failed these tests, certain medications, health effects and wet roads or windy weather conditions can all have an effect on these tests.

When an officer pulls someone over, though, they are set on proving the person is guilty of DUI, so it can almost be an uphill battle not to get arrested for DUI once you've been pulled over. Even by explaining that an outside factor other than drug and alcohol abuse is causing a poor performance on a field sobriety test, an officer may choose not to buy it and make the arrest anyway.

Eye witness accounts, including a vehicle passenger or those outside a vehicle, as well as the cop's video surveillance device from their cruiser, can all go to helping a defendant who is charged with DUI. These cases take a lot of work and require an attorney who has the experience to help restore your good name.

Alabama Governor Awards $230,000 in Grants To Target DUI Drivers

Mon, 05 Sep 2011 13:45:44 -0600

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

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

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

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

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

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

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

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

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

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

Navy Commander From Birmingham Fired After DUI Arrest in New York

Fri, 02 Sep 2011 09:42:56 -0600

A Navy commander from Birmingham was recently charged with DUI in Albany, N.Y. and he has been fired, the Navy Times is reporting.

It's sad that the U.S. Navy would fire an experienced and valuable naval officer after an arrest, when he hasn't even been convicted. But many companies and public offices are the same way. People trust in police to be right and so they think that an arrest means the person is guilty. But that's simply not the case.

DUI in Birmingham is a complex case and goes far beyond simply being pulled over. There are many different factors that go into DUI defense and an experienced Birmingham DUI Defense Attorney is able to bring up those points and successfully defend a client in many instances.

In the case of the 30-year Navy veteran, he was arrested August. 20 in Albany. The Navy said in a press release that he was fired because of a "loss of confidence in his ability to command." The Birmingham native enlisted in the Navy in 1981 and was a chief petty officer before he earned his commission as a limited duty officer in 1992.

The Navy released no other details about his arrest, other than he was cited by the Albany Police Department for driving under the influence.

What's sad about the situation is that his bosses have jumped to a conclusion with little proof. Being arrested for DUI doesn't mean the end of the world. It simply means the officer had an opinion based on observations that you may be drunk.

Even if a person is given a field sobriety test and "fails," according to the officer, those results can be refuted. If a person has balance problems that a doctor can testify to, that can explain why they didn't do well on the walk and turn and one-leg stand tests. If they have eye problems, having a bright flashlight right in their eyes while watching something go from side to side may not be possible.

The weather and road conditions can also explain why someone may fail a field sobriety test. Having to walk in wet or unstable gravel can be difficult and can cause someone to slip. If the officer isn't paying attention as well as he or she should, details about loose gravel could be missed, leading the officer to deem the person as failing the test, when it's not their fault.

The weather is also a factor. If the roads are wet, it can be difficult to walk on them anyway, especially if a driver is wearing heels or shoes with slick bottoms. So, a person can slip and the officer can use that as an excuse to cite them for DUI.

But the officer's dash video can actually help a defendant in this situation. In most police cruisers, when the lights are activated, the video on the dashboard starts automatically recording. If a person is pulled over, the lights usually stay on so that other drivers slow down and get out of the way. But the video can be used to refute what the officer's observations were, especially if there are witnesses in the vehicle with the driver who can also dispute what the officer says.

Police Out in Force For Labor Day DUIs in Birmingham

Fri, 26 Aug 2011 08:16:59 -0600

The Decatur Daily reports that law enforcement will be searching for drunk drivers through Labor Day weekend, another effort by the police to track down DUI drivers in Birmingham and throughout Alabama.

As we've said before in the Alabama DUI Lawyer Blog, these concentrated efforts by police aren't necessarily a great idea. For one, these officers are told they must make DUI arrests. Imagine if state and local authorities spent thousands of dollars on overtime, telling the media and public they are going to do DUI enforcement and then when asked for their numbers, they arrested only a handful of people for DUI? There would be many questions about what they did with all that time and effort.

And because officers are working overtime hours and must stay out on patrol all night, sometimes their judgement -- just like the judgement of the average driver -- can be poor. Officers can slip up and make arrests either without probable cause or without affording drivers the rights they deserve under the law. If either of those things happen, an experienced Birmingham DUI Defense Lawyer must be hired to point out those problems.

According to the article in Decatur, authorities there, as well as police throughout the state and nation, will be participating in the "Drunk Driving: Over the Limit, Under Arrest" campaign that authorities conduct around every major holiday. The campaign started August 19 and will run through Labor Day weekend, the first weekend in September.

Officers will be using increased patrols and roadblocks to target drunk drivers, authorities said. Driving drunk means operating a vehicle with a blood alcohol content level of .08 or higher. That's the state's legal limit.

As the Alabama DUI Lawyer Blog pointed out recently, Alabama authorities held 2,500 roadblocks in 2010, a huge amount of resources that could have been used in other needed areas.

As Birmingham DUI Defense Lawyers have said before, roadblocks are a violation of a driver's Fourth Amendment right to not be subjected to unreasonable search and seizure. Unfortunately, in previous U.S. Supreme Court cases, the justices have ruled that DUI checkpoints aren't a violation of that right.

Drivers unknowingly have their lives interrupted while police block off a street, usually a busy thoroughfare, and inspect every vehicle, regardless of probable cause to make the stop.

Officers usually shine bright flashlights into the vehicle, ask for a driver's license and make observations, such as the driver's speech, reaction time, whether the eyes appear glassy or otherwise show signs of alcohol use.

And that's all it takes for an officer to ask the driver to step out of the vehicle and begin conducting a DUI investigation. By failing a series of field sobriety tests or blowing into a mobile breath testing device that gives an estimation above the .08 legal limit, a person can be sent to jail and under arrest for DUI, which can ruin careers, cost money and lead to jail time.

But that doesn't mean a person should just give up. There are many aspects of DUI defense that can help a person get a good resolution to their case or beat the charges altogether. Don't try to fight it alone.

Cullman Hospital CEO Charged With DUI

Wed, 24 Aug 2011 09:40:02 -0600

The chief executive officer of a regional medical center was recently charged with DUI after being stopped by Alabama State Troopers, the Cullman Times reports.

This is yet another example of how this charge affects the everyday person. From plumbers to millionaires, DUI in Birmingham is a charge that can catch someone by surprise and leave them with a serious legal hassle. The stigma of the charge, along with the realization that the penalties are so high, can leave many people in a bad place in their lives.

Things will move quickly once you are arrested for DUI. Police will stop your vehicle, ask you to step out, blow into a breathalyzer, take field sobriety tests and before long, you could be heading to jail. You're being asked questions and you're terribly nervous. Consulting with an experienced Alabama DUI Attorney should be the first thing you do. Ask for an attorney and don't answer any questions.

In this case, the 52-year-old hospital CEO was stopped by troopers while traveling south on Interstate 65 near exit 308. Troopers allegedly stopped him for following too closely to a vehicle. According to the news article, the man was charged with DUI and stayed in jail for a night before posting bond the next morning.

In this blog, we'll discuss the initial traffic stop that law enforcement officers make and how that can be defended in a DUI case.

Officers are constantly on patrol on our roads and highways and they are on the hunt for drivers who may be guilty of various traffic infractions. While most drivers know that not all traffic violations are going to end in citations or arrests -- even some that happen right in front of officers -- others will.

At night, on weekends and especially around holidays, officers take a closer look at drivers and they are at a heightened awareness that people may be drinking and driving. For that reason, they will stop vehicles for seemingly minor traffic cases in order to take a closer look and possibly begin a driving under the influence investigation.

Here are some ways police can begin a DUI investigation:

-Swerving
-Following too closely
-Running a red light or stop sign
-Stopping and starting suddenly
-Improper lane change
-Not wearing a seat belt

Those are only a handful of the reasons police can stop a vehicle, but once they have a reason for pulling the vehicle over -- even if their real reason is because they suspect the driver is under the influence -- they can begin investigating whether the person is guilty of DUI.

But even this seemingly small detail can be challenged in court. Some people may think that it doesn't matter why the officer pulled over the vehicle if they were clearly drunk while driving. But it does matter. Everything the police do in an investigation matters.

If it can be proven that the officer lacked probable cause for the initial traffic stop, the whole case can get tossed out. That's right -- charges dropped and no conviction. Every step an officer takes must be well-documented and the proof must be clear-cut. Witness testimony can be important if it can be proven that the officer's observations were incorrect and the driver committed no traffic infraction before being stopped.

Huntsville Football Coach Charged With DUI

Sat, 20 Aug 2011 08:03:26 -0600

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.

10th DUI Conviction Lands Alabama Man in Prison for 5 Years

Thu, 18 Aug 2011 14:04:41 -0600

A 54-year-old man who said he was driving to Birmingham was sentenced to five years and two months in a federal prison after being arrested for DUI at Eglin Air Force Base for the 10th time in 27 years, The Associated Press reports.

Multiple DUI offenders in Birmingham and throughout Alabama turn the charge from a misdemeanor to a felony. While sometimes first-time and second-time offenders can get away without spending significant time in jail, multiple offenders have a better chance at spending serious time in prison. That's why hiring an experienced and aggressive Alabama DUI Defense Attorney is so critical in protecting the client's rights.

According to the news service, the man was stopped at the west gate of the Air Force base in Destin last November. Eglin security police arrested him after he told them he was heading to Birmingham. Officers noted he smelled of alcohol, had trouble rolling down his window and opening his door and couldn't produce a driver's license.

The news service reported that when he pleaded guilty to the charge May 16, it was the 10th time he had been convicted of driving under the influence in 27 years. Because he was arrested on federal property, his case was handled through U.S. District Court.

This is a situation where no matter how many previous charges of driving under the influence a person has, each case must be proven on its own merits. That means challenging the initial stop and whether officers had probable cause to investigate as well as any breath testing and field sobriety testing that was done at the scene.

Breath testing is notoriously faulty, as manufacturing defects and improperly calibrated machines can cause incorrect readings to be registered, which can lead to unlawful arrests.

Officers will also often ask drivers under investigation to perform field sobriety tests, which include the walk and turn, the one-leg stand and the test where people are asked to follow an object while officers shine a bright flashlight into a person's face. All of these tests can be failed through physical limitations or medical problems and sometimes weather conditions that make passing them difficult. Sometimes, video surveillance from the officer's car can actually aid the defendant if it contradicts the officer's notes.

That said, it is impossible to erase past convictions for the purposes of sentencing. While a first offense, second offense and even a third offense can be charged as a misdemeanor with the punishment of possible jail time, fines and fees, registration in a DUI school, driver's license revocation and possibly ignition interlock device, fourth time offenders and onward face a felony charge.

Second and third offenses require mandatory jail time of 5 and 60 days, respectively, under Alabama law, but fourth offenses and up require up to 10 years in prison, plus higher fines and fees, more fines (up to $10,100) and longer driver's license revocation time.

Lawmakers have made the penalties so high to try to encourage people to drive sober and they will continue getting higher as the years go by. Starting in September, the state's new DUI law will go into effect, making it even more important to have a strong defense.

Birmingham Police Officer Sentenced To 12 Years for DUI Death

Mon, 15 Aug 2011 13:24:42 -0600

The Birmingham News recently reported that a former police officer was sent to prison for 12 years after a 2009 drunk driving accident that killed a music minister driving home from church.

This story highlights not only the tragedy involved in a DUI manslaughter case in Birmingham , but also the severe penalties that come with the charge. That's why consulting with an experienced and aggressive Birmingham DUI Lawyer is such a critical first step.

The 37-year-old officer was convicted in March of reckless manslaughter in the killing of the 35-year-old victim, who was thrown from his convertible car and hit the pavement after the officer allegedly hit him going up to 120 mph on Interstate 20/59 near the Arkadelphia Road exit. Investigators said the officer's blood alcohol level was between .14 and .17, which are both above the state's .08 legal limit.

The victim's family was seeking the maximum 20-year prison sentence, while a judge went with a 12-year prison term. The newspaper reported that emotions ran high on both sides of the courtroom during the sentencing.

"I'm sorry for the decisions I made," the officer told the victim's widow. "If I could just relive that day I would and I would make better choices. I ask God to fill the void in your life."

But the widow said the case boiled down to choices made that night. The victim was at their church's Wednesday night service, while the officer was drinking whiskey and going to a strip club.

"There are consequences for choices," she told the judge. "This wasn't an accident. It was a crime. It's a consequence of the way he was acting that night. It's his choices we're paying for. In this society, we punish this behavior with time in jail."

Under Alabama Code 13A-6-3, manslaughter is a Class B felony, punishable by 2 to 20 years in prison. Manslaughter is recklessly causing the death of another person.

This is different than murder because murder is an intentional act, either through premeditation or by committing another felony. Offenses in which a person drives drunk and kills someone -- even a passenger -- are typically filed as manslaughter.

But even in these types of cases, there are avenues to a strong defense. All aspects of the investigation can be challenged, from officers' observations, to who actually caused the crash to whether blood samples, breath tests and field sobriety tests were accurately administered.

Because of the seriousness of the charge, an experienced Birmingham DUI Defense Attorney will seek experts, scene recreation specialists and others to aid in the defense of the client. Much to the disbelief of the public sometimes, people arrested and charged with a crime aren't always guilty.

It is up to the state to prove -- beyond all reasonable doubt -- that the defendant committed the crime. And it is the job of the defense to scrutinize all evidence in order to hold the state to that very high burden of proof. Challenging contradictory witness statements, whether the officers had probable cause to administer DUI-related tests and if there is enough evidence to warrant a conviction are all elements of a strong defense.

Alabama Authorities Held 2,500 DUI Roadblocks in 2010

Thu, 11 Aug 2011 13:04:02 -0600

A recent article out of Chattanooga suggests that Georgia law enforcement officers have conducted more than 80,000 roadblocks over the last four years, a large number of operations that use a lot of police manpower.

DUI checkpoints have been debated for years because, as defense attorneys have attempted to show, they violate a person's Fourth Amendment right to unreasonable search and seizure. Just as a police officer can't simply knock on your door and burst in looking for evidence of a crime without probable cause, Birmingham DUI Attorneys would argue that pulling a vehicle over without probable cause and beginning a DUI investigation violates a driver's rights. These and other tactics law enforcement officers use in the pursuit of DUI Arrests in Birmingham can all be challenged in court.

In 1990, the U.S. Supreme Court in Michigan Department of State Police v. Sitz ruled that sobriety checkpoints are necessary to ensure public safety and they outweigh the argument that they violate the Fourth Amendment.

According to the article, federal funding from the Alcohol-Impaired Driving Countermeasure Incentive Grant requires states to use half the money on sobriety checkpoints or saturation patrols. According to the article, Georgia has received $24.6 million from the grant over the last 10 years, while Tennessee has received $16.3 million. Numbers for Alabama weren't cited.

The Alabama Highway Patrol more than triple the number of roadblocks it has held over the last five years, holding 2,487 in 2010. Law enforcement says roadblocks are an important tool in cutting down on fatal accidents. But driver's rights advocates have said the roadblocks are a violation.

"Even from a common-sense standpoint, it is a very high number," said Gary Biller, executive director of the National Motorists Association. "With that many roadblocks, law enforcement is casting a very wide net. They are generating a reason to find probable cause."

Law enforcement is very protective of DUI checkpoints and the money they get to perform them. They tout them as life-saving endeavors, but they can also be seen as a large use of resources for a potentially small output of arrests.

Alabama DUI Lawyer Blog reported in June about how lawmakers -- at the request of law enforcement -- urged Apple to stop selling smart phone applications that showed people where DUI checkpoints were planned. Succumbing to the pressure for fear of bad publicity, Apple re-wrote its AppStore guidelines, as did the makers of Blackberry phones.

Even if arrested at a DUI checkpoint, there are defenses to a DUI charge. They include everything from challenging the initial stop (which can still be done in checkpoint cases), the field sobriety tests, if given and the breath test, if the driver submits one.

Initial stop: An officer must have probable cause for making a stop in Alabama. This can be anything from a driver with a broken tail light to swerving, running stop signs or other common traffic violations. In order words, if the officer saw a person drinking at a bar and saw them driving minutes later, but they were driving within the law, the officer can't pull them over. Checkpoints have their own unique requirements.

Field sobriety tests: These include standing on one leg balanced, following an object from side to side and walking heel to heel. Failure is based on the officer's observations, yet the officer's training, weather conditions and dashcam video are all areas that can be explored in defense of the charge.

Breath testing: Breathalyzers are inherently faulty because they can't measure a person's blood-alcohol level, only estimate it. Yet, officers use these devices to prove a person is drunk driving. They have been shown to have manufacturing defects and officers have improperly calibrated them, leading to tossed-out cases.

Former Teacher Charged with DUI in Albertville

Sat, 06 Aug 2011 12:34:30 -0600

A former special education teacher in Albertville was arrested and charged with DUI after allegedly hitting a vehicle and a coin-operated laundry recently, according to The Sand Mountain Reporter.

This story shows that DUI is a charge that is far from sophisticated, meaning anyone can commit the crime. Whether a teacher with years of helping people or a police officer sworn to uphold the law, DUI in Birmingham is common. And while it is typically charged as a misdemeanor, it carries with it severe penalties that can land a person in jail, require they attend DUI school, pay fines and fees and be placed on probation. That's why hiring an experienced Birmingham DUI Attorney is so important. Facing these penalties -- an non-court related sanctions such as job loss or job disqualification -- means a lot is on the line for these defendants.

In this case, according to police, the 41-year-old teacher was driving a van that hit a parked car around 10 a.m. recently before hitting the building that houses a coin-operated laundry. A wall kept the van from entering the business. The owner of the vehicle was inside the laundry at the time.

According to police, the woman was given field sobriety tests and a breath test, where she blew a .338, more than four times the legal limit of .08. She faces charges of driving on a revoked license, driving under the influence, violating the open container law and violating probation. According to the newspaper, the woman was on probation for a January domestic violence charge and has a history of DUI charges.

As a condition of her probation, the woman was required to complete an intensive outpatient program for substance abuse, to avoid arrest and refrain from using alcohol. If she completed all those conditions, the January domestic violence charge would have been dropped. But a judge reinstated her sentence and added a fine, 60 days in jail, 24 months of probation, completion of an anger management program, completion of an alcohol/substance abuse program and 50 Alcoholics Anonymous meetings.

The newspaper article states the woman was a kindergarten teacher but was fired by the school system after a prior DUI.

The story shows not only the seriousness of picking up a DUI charge, but also the potential fallout for those with a prior criminal history. First-time offenders can sometimes get charges dropped or enter pleas to less-serious charges, such as reckless driving. But multiple offenders rarely get special treatment from prosecutors or judges.

In fact, it's possible to be charged with a felony if there are several DUI charges on a person's criminal history record or depending on the facts of the case. Injuries, property damage or death can result in a person facing a felony charge and serious prison time rather than the possible penalties for a first-time DUI offender in Birmingham.

Whether facing a misdemeanor or felony, first-time offense or fourth offense, DUI defense is critical. Investigating all aspects of the case and holding the state accountable for proving the charge is important. A past record is no proof of a current charge and therefore an aggressive defense is critical.

Mobile Woman Plows Into Home, Charged with DUI

Sat, 30 Jul 2011 11:33:35 -0600

A Mobile woman was recently charged with DUI after she drover her vehicle into a house, Fox News reports.

Most people faced with a DUI charge only face a misdemeanor, but causing injuries to others, property damage or having several DUI convictions on a person's record can open them up to a felony DUI charge in Birmingham. With any DUI case, but especially a felony charge, hiring an experienced and aggressive Birmingham DUI Defense Attorney is important. Fighting the charge aggressively is critical in order to avoid the severe penalties brought on by a DUI conviction.

According to the news article, the woman was driving one recent late afternoon when she sped around a curb, lost control and opened her door, witnesses said. They told the TV news station that the woman fell out of the vehicle, rolled and her head bounced on the ground three times.

Witnesses said the driver clipped a power pole, plowed a new driveway and hit a house, ripping open the wall, knocking over a dresser and tossing a computer. There were no injuries in the house.

The homeowner said that after the crash, he asked the woman if she was alright and he told the woman it seemed as if she was drunk. She allegedly told him she wasn't drunk, then admitted to having a couple beers. Police charged her with DUI.

DUI charges in Birmingham carry serious penalties that must be defended from the start. While some people believe that a DUI arrest is indefensible, there are many aspects of a case that can be challenged.

Field Sobriety Testing: Field sobriety tests are conducted when a person is investigated for DUI after a stop. They are: the walk and turn, horizontal gaze nystagmus and the one leg stand.
Whether or not an officer was properly trained to conduct these tests would be one of the first things to examine, as well as whether the tests were accurately done. Also, surveillance video from the dashcam of a cruiser can sometimes dispute the officers' written observations. A medical or physical limitation in the driver can also explain failed tests.

Breath testing: Law enforcement officers who conduct DUI investigations will almost always ask a person to submit a test through a breathalyzer. It's a device with a tube at the end that is said to measure a person's blood-alcohol level. But because it is based solely on a person's breath, it cannot accurate measure anything, but only provide an estimate.

Gases in a person's system, as well as weather conditions can affect these results. Plus, poor calibration of a device or manufacturing errors have been known to cause prosecutors to drop cases throughout the country.

And that's just two areas of a typical DUI case in Birmingham that can be challenged by an experienced DUI attorney. There are others. So, while the public sometimes believes that a DUI arrest is 100 percent, ironclad proof, it's not. Officers make mistakes and people are often innocent of the charges. So, aggressively fighting the charges is important. The first step is to consult with a Birmingham DUI attorney as soon as possible to go over the case.

Faulty Breathalyzers Plague Law Enforcement in Alabama, Throughout USA

Thu, 28 Jul 2011 12:30:10 -0600

Breath testing in Alabama DUI cases is a constant battle that attorneys and defendants fight in order to see justice done.

Birmingham DUI Attorneys have seen how breath testing has been used by prosecutors as a main component of the evidence used against defendants charged with DUI and how, unchallenged, this can become a miscarriage of justice. These tests are inherently faulty and there are examples nationwide of the devices leading to convictions for people who are innocent.

We have all seen cases where a person steadfastly denies being guilty of the crime. The public scoffs, believing that police have arrested the right person and that there's no way the person could be innocent. But then the defense brings up evidence, or the state has a lack of evidence and the perception changes.

The above description almost perfectly fits the case of Casey Anthony, the Orlando woman accused of killing her 2-year-old daughter, who was vilified in the news media only to be found not guilty at trial because the state had little concrete evidence against her. But this principle also applies to DUI cases and one of the main areas that can be attacked are breathalyzers.

Earlier this year, the news media reported about several jurisdictions that were having problems with breath testing:

Santa Clara, California: More than 858 DUI cases were reviewed by prosecutors after the state learned that the Alco-Sensor V device used by police in several California cities was giving incorrect readings because of a manufacturing defect that allowed condensation to build in the tube. It's unclear how many cases ended up being dropped, but experts believed that quite a few people who may have already pleaded guilty and served time in jail, lost jobs and paid fines and fees could have been found not guilty.

Philadelphia, Pennsylvania: Here, more than 1,100 DUI cases were potentially tainted after police discovered in March that the machines used to calibrate breathalyzer devices weren't properly calibrated. Prosecutors said that anyone whose case included evidence from the machines would be permitted a retrial. But that may not cut it for people who already have been punished.

Montpelier, Vermont: In Vermont, a mistake in software setup on breath analysis machines along with claims of unethical lab work threaten dozens of DUI prosecutions in that state. Defense attorneys claim that a machine wasn't properly set up by Vermont State Police, allowing police to test drivers' samples without a self-check that measures the alcohol content of a control sample before it measures a suspect's breath.

These examples show that the problems exist with these devices everywhere, including in Alabama. It often takes some digging or whistleblowers to report problems, but exposing them ensures justice to those charged with a crime.

The lesson here is not to try to fight a DUI charge by yourself. Even when only a misdemeanor, it carries severe penalties that can result in a person losing their job and facing ridicule in the community. Quickly accepting a plea deal can sometimes be advantageous, but it can also be dangerous if all the evidence isn't first explored and examined.