Birmingham Criminal Defense Blog : Birmingham DUI & Criminal Defense Lawyer & Attorney : Eversole Law Firm : Criminal and DUI Defense : Serving Birmingham, Montgomery, Alabama

I am happy to inform everyone I have been selected into the National College of DUI Defense.  The National College of DUI Defense is an organization designed to promote, educate and recognize exceptional DUI defense lawyers and attorneys.  As an Alabama DUI defense lawyer, I make it a priority to stay on top of recent legal issues in DUI defense.  The DUI College requires me to attend yearly DUI seminars and lectures from some of the best DUI lawyers and attorneys in America.  I will also be called upon to give presentations on Alabama DUI law and procedure.  It is an honor to be selected into the National College of DUI Defense.  It is also one more step in becoming one of the best DUI lawyers in the country. 

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The Alabama Governor is jumping on the recent editorial bandwagon and beginning to call for tougher Alabama DUI laws.  As I surmised in a recent previous post, Alabama needs the all important highway money and is caving to political pressure from Washington to increase Alabama DUI penalties.  Whats even worse, the Alabama Governor even tells a Montgomery, Alabama newspaper the real reason he wants tougher Alabama DUI laws.  His reasoning, Alabama could lose two million dollars in Federal Highway traffic enforcement funds. 

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TV host Gary Collins was arrested for a DUI yesterday in Los Angeles.  He was apparently involved in an accident that, according to the police was not his fault, then arrested for a misdemeanor dui.  According to the police, Collins smelled of Alcohol and then failed a field sobriety test.  The kicker here, his bond was set at $40,000.  How crazy is that.  The MADD Mother Mafia is at it again. 

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Part three of Alabama DUI frequently asked questions are contained below.  Remember, it doesn't matter if you have been charged with a DUI in Mountain Brook, Hoover, Homewood, Vestavia Hills, Pelham, Trussville, Fultondale, Gardendale, Hueytown, Huntsville, Montgomery, Tuscaloosa, Mobile, Cullman, Decatur, Florence or Bessemer.  Our Alabama DUI defense lawyers regularly represent clients all across the state.  These Alabama DUI FAQ's are questions I receive repeatedly from clients throughout the great state of Alabama:

1. Can I have my record expunged after an Alabama DUI conviction?  Unfortunately no.  If you are convicted for an Alabama DUI, that conviction will always appear on your record. The only exception being for youthful offenders.  If the court grants you youthful offender status, that record is sealed and cannot be used against you for sentencing enhancing purposes. 
2. Can you win an Alabama DUI case?  Resoundingly, yes!  You can win an Alabama DUI case in many situations.  Even DUI defendant's are presumed innocent ,until proven guilty, by a jury of their peers, and beyond a reasonable doubt.  This is true despite the best efforts of the MADD Mothers Against Drunk Driving and your Alabama State representatives.  Any talented Alabama DUI defense attorney will tell you the police make mistakes in almost every case.  The trick is to find these mistakes and use them to your advantage.  Many times a case can be thrown out by the judge or dismissed on the prosecutions motion before trial.  It is your Constitutional Right to make the State prove its Alabama DUI case.  Many times, with a lawyer who focuses his practice on Alabama DUI defense, the State's case becomes very hard to prove indeed. 
3. Why do I need an Alabama DUI lawyer and attorney?  You need an Alabama DUI lawyer who focuses his practice on Alabama DUI defense.  It is that simple.  Some lawyers only practice Alabama DUI and Criminal Defense.  Other Alabama lawyers practice Real Estate Law.  Which one do you want working on your DUI case?  To put it another way, if you have a gallbladder problem, you don't go to a podiatrist. 
4. How do I "beat" and Alabama DUI charge?  As I mention above, there are many ways to "beat" a DUI conviction, even if you blow over the legal limit.   An experienced Alabama DUI lawyer will look at multiple methods to attack the charge.  First, the DUI lawyer should look at the stop itself.  A police officer must have at least reasonable suspicion to make a stop on the highway.  A good DUI lawyer will look at all the circumstances surrounding the stop of your vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.  If you performed a standardized field sobriety test, that test should be scrutinized for mistakes by the officer, and if you have taken a Breathalyzer then that machine and its operation must be analyzed completely.  From lack of probable cause to make an arrest,or reasonable suspicion to make a stop, the police not conforming with all the rules regarding breath tests or performing field sobriety tests inaccurately, there are many ways to "beat" an Alabama DUI charge. 
5. What happens if I refuse a breath test?  If you are driving on a public highway and you refuse a breath test, your license will be suspended for ninety days and your refusal to submit to a breath test can be used against you in court.  Many times it is possible to take administrative legal action to regain your license and there are many legal reasons why someone would not want to blow into a breathalyzer.  Furthermore, even if the 90 day license suspension is maintained, that suspension is much better than a DUI conviction.  I would never take a breath test, especially without my attorney present.  That being said, even if you blow well above the legal limit, there are many ways to fight your Alabama DUI charge. 

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Alabama DUI frequently asked questions part II:

1. What is the legal blood alcohol limit in Alabama?  The legal blood alcohol limit in Alabama is .08%.  This means that if your blood alcohol is at .08% or higher, you can be charged with driving under the influence in Alabama.
2. What are the penalties for one Alabama DUI conviction? One Alabama DUI conviction has serious consequences.  Just one conviction exposes you to public ridicule, court costs, could land you in for a year, a ninety-day license suspension, up to a $2100 fine, DUI school, possible loss of job or security clearance at work.
3. If I lose my license, can I get a temporary license for work?  Unfortunately and unfairly no, you cannot get a temporary license to drive to work in Alabama.  This is just one more reason why it is imperative to aggressively fight your DUI charge.
4. Will a DUI conviction affect my car insurance?  Absolutely yes.  In fact, your car insurance will most likely be canceled and you will be required to purchase high risk insurance that is very expensive.
5. What is the difference between a license suspension for a DUI conviction and an Alabama administrative license suspension?  In Alabama, they like to punish people twice for the same offense.  An Alabama administrative license suspension occurs if you have been arrested for a DUI regardless of whether or not you have been found guilty of a DUI.  In fact, your license will be suspended before you are even tried.  If you are arrested for a DUI in Alabama, you must make a formal application to challenge your license suspension within ten days of your arrest.  Otherwise, your license will be suspended for 90 days.  This is just one more reason why you should contact an Alabama DUI lawyer and attorney as soon as possible after your arrest.   

 

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Many people in Alabama have similar questions concerning Alabama DUI law.  As a result, in my next several posts, I will compile a list of frequently asked questions pertaining to Alabama DUI laws:

1. What should I say when a police officer asks if I have been drinking?  There is not really a right or wrong answer to this question(as long as you don't say, six beers and four tequila shots officer).  Seriously though, you are not required to answer potentially incriminating questions.  The best answer is "I would like to speak with my attorney before answering that questions."  However, if you say you had a couple beers or a glass of wine that is not enough to cause intoxication, is not incriminating and may help explain the smell of alcohol on your breath.
2. Do I have the right to an attorney after being stopped by a police officer in Alabama? The short answer is no, not until you have been arrested.  You can, and still should ask for one.
3. Should I take a Field Sobriety Test in Alabama? No! There is no reason to give a jury more evidence to convict.  The officer has normally already decided to arrest you anyway.  A field sobriety test just gives them more ammunition at trial, and the tests are completely subjective.  However, if you do take a field sobriety test and fail, there are several means to attack that evidence at trial. 
4. How much does an Alabama DUI lawyer and attorney cost? Costs vary from DUI lawyer to DUI lawyer.  A lawyer who focuses his practice on DUI defense will cost more than a general practitioner in a small town.  Fees can range anywhere from $500 to $15,000 depending on the DUI lawyer and circumstances of the case.  I will say that a quality DUI defense can be expensive.  A good analogy I heard one time goes like this, when you need a tumor removed, do you go the cheapest doctor you can find?  However, my office tries to make sure even those with limited funds can afford a quality DUI defense. We have fixed fees, accept major credit cards, and even work out flexible payment plans in some circumstances.
5. Can I be convicted of a DUI without consuming alcohol? Yes, in Alabama you can be convicted of a DUI without consuming alcohol.  You can be convicted of an Alabama DUI by being under the influence of a controlled substance(i.e. marijuana or prescription medications), even legal prescription medications prescribed by a doctor(percocet), or any other substance that renders you incapable of driving safely, i.e. glues, paints, or even over-the-counter medications.

 

     

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Lawrence Taylor, one of the best DUI attorneys in the world, shines a bright light on questionable police tactics in his DUI blog. Mr. Taylor documents an Inside Edition segment that documents law enforcement DUI quotas across the country.  Law enforcement agencies across the country are afraid of losing highway dollars from the federal government, and are pressured to make DUI arrests as a result.   Mr. Taylor documents several instances from the Inside Edition story where innocent people were taken to jail after submitting to roadside field sobriety tests.  These individuals had nothing to drink and the charges were later dropped.  It is logical to assume Alabama is as concerned about its federal highway money as other states, and its also logical to assume Alabama's law enforcement agencies also have DUI quotas. 

After reading Mr. Taylor's blog, the moral of the story is clear:  DUI laws and DUI enforcement across the country are insane and unconstitutional, and if you are pulled over anywhere, especially in the State of Alabama and are suspected of a DUI, do not take any test administered by an Alabama police officer or an agent for the police, even if  you haven't had anything to drink.  If you are charged with a DUI in Alabama you should immediately contact an Alabama DUI lawyer and attorney that focuses his practice on Alabama DUI defense.

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The Anniston Star, in Anniston, Alabama ran an excellent article on chief justice of the Alabama Supreme Court yesterday.  Ms. Sue Bell Cobb is the first woman to be elected to the top judicial spot in Alabama.  She has been affectionately labeled "Chief" by the Supreme Court staff.  Ms. Cobb previously served admirably on the Alabama Court of Criminal Appeals and is a wonderful advocate for justice.  I encourage everyone to read more about Alabama first female chief justice. 

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FreeAdvice.com has an excellent article on how a drunk driving conviction can affect your record.  Even one Alabama DUI conviction can have serious consequences and will remain on your permanent record forever.  If you have been charged with an Alabama DUI in Birmingham, Mountain Brook, Vestavia Hills, Homewood, Hoover, Pelham, Trussville, Tuscaloosa, Montgomery, Huntsville, Mobile, Decatur, Florence, Cullman, or anywhere in the state of Alabama, you need to hire a criminal defense lawyer who focuses his practice on DUI defense.  My DUI and criminal defense practice is centrally located in Birmingham, Alabama and I regularly defend DUI clients throughout the state of Alabama.  My office attempts to make high quality DUI and criminal defense affordable.  On top of our already competitive rates, we take credit cards, cash, checks, and we offer convenient payment plans.  Our firm will fight for your rights.  With a competent Alabama DUI defense attorney, you have an excellent chance of having your case dismissed, thrown out, or found not guilty by a judge, jury or appellate court.

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The Florida Prosecutor who was caught flying to Detroit to have sex with a five year old girl killed himself today.  I am a Birmingham,  Alabama Criminal Defense lawyer and I will defend almost anyone accused of any crime because I believe everyone has a right to competent legal representation.  However, I cannot stand hypocrisy.  Here is a man who had no problem throwing the book at others he accused of crimes, yet he was engaging in sick heinous criminal behavior.  I hope he rots in hell and gets more of what he deserves.  My Alabama DUI and Criminal Defense Blog will shine a spotlight on hypocrits in power. 

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The Huntsville Times ran an editorial today about changing Alabama DUI Laws.  Typically, members of the media show their ignorance, poor research and reporting skills.  The Huntsville Times editorial exclaims, without citing a single statistic, that those accused with DUI's are the most dangerous drivers in Alabama.  Apparently, the Huntsville Alabama Times are unaware of recent statistics that clearly demonstrate "driving while distracted," i.e. eating, talking on the cell phone, etc.,  is as bad or worse, than driving under the influence of alcohol.   The National Highway Traffic Safety Administration found in a 2006 study that almost 80 percent of car accidents resulted from some type of distraction.  Of course, those concerned with "driving while distracted" are not as powerful as the MADD Mothers Against Drunk Drivers.  If it wasn't so sad, it would be funny to witness how effective the MADD Mothers have been in creating a misinformed group culture.   Even media outlets like the Huntsville Alabama Times have fallen prey to this kind of uninformed group think.  How hard would it be for the editorial writer at the Huntsville Times to check his facts before making  blanket statements about the dangers of driving under the influence in Alabama. 

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In Alabama criminal law news today, an Alabama criminal court judge resigned today in an attempt to escape ethics charges.  Judge Herman Thomas resigned while facing accusations he abused Alabama cannons of judicial conduct.  Thomas is accused of spanking Alabama criminal defendants, helping relatives manipulate Alabama jail sentences, and inappropriately taking cases from other judges. 

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The Alabama Criminal Appeals Court changed Alabama DUI law today and shortened sentences for those with multiple Alabama DUI convictions.  In the past, any four Alabama DUI convictions resulted in a felony.  Now, in order to constitute a felony, the four Alabama DUI convictions must be within a five year period.  Thus, if you have three DUI convictions within a five year period, but then receive a fourth Alabama DUI conviction in six years, that DUI conviction is not a felony.  In the past, that fourth DUI conviction, regardless of how many years have passed, would have resulted in a felony DUI conviction.   

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