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

I practice Alabama criminal and DUI defense in the following counties and municipalities: 

In the Birmingham, Alabama Metro area the lawyers and attorneys of Eversole Law routinely defend Alabama criminal and DUI cases in the following courts:

Jefferson County Circuit Court, Jefferson County District Court, Adamsville Municipal Court, Argo Municipal Court, Birmingham Municipal Court, Bessemer Municipal Court, Branchville Municipal Court, Fairfield Municipal Court, Fultondale Municipal Court, Gardendale Municipal Court, Homewood Municipal Court, Hoover Municipal Court, Hueytown Municipal Court, Irondale Municipal Court, Kimberly Municipal Court, Leeds Municipal Court, Morris Municipal Court, Mountain Brook Municipal Court, Odenville Municipal Court, Pleasant Grove Municipal Court, Springville Municipal Court, Trussville Municipal Court, Vestavia Municipal Court, Warrior Municipal Court

In the Shelby County, Alabama area the lawyers and attorneys of Eversole Law routinely defend Alabama DUI and criminal cases in the following courts:

Shelby County Circuit Court, Shelby County District Court, Alabaster Municipal Court, Calera Municipal Court, Columbiana Municipal Court, Harpersville Municipal Court, Helena Municipal Court, Hoover Municipal Court, Pelham Municipal Court, Vincent Municipal Court

Other areas of Alabama the lawyers and attorneys of Eversole Law routinely defend DUI cases include:

Tuscaloosa County Circuit Court, Tuscaloosa County District Court, Tuscaloosa Municipal Court, Northport Municipal Court, Chilton County Circuit Court, Chilton County District Court, Jemison Municipal Court, Thorsby Municipal Court, Blount County Circuit Court, Blount County District Court, Blountsville Municipal Court, Altoona Municipal Court, Talladega County Circuit Court, Talladega District Court, Talladega Municipal Court, Lincoln Municipal Court, Sylacauga Municipal Court, Childersburg Municipal Court, Tallapoosa County Circuit Court, Tallapoosa County District Court, Alex City Municipal Court, Dadeville Municipal Court, Lee County Circuit Court, Lee County District Court, Auburn Municipal Court, Opelika Municipal Court, Montgomery County Circuit Court, Montgomery County District Court, Montgomery Municipal Court, Prattville Municipal Court, Elmore County Circuit Court, Elmore County District Court, Wetumpka Municipal Court, Millbrook Municipal Court, Bibb County Circuit Court, Bibb County District Court, Cullman County Circuit Court, Cullman County District Court, Cullman Municipal Court, Hanceville Municipal Court, Madison County Circuit Court, Madison County District Court, Huntsville Municipal Court, Madison Municipal Court, Etowah County Circuit Court, Etowah County District Court, Gadsden Municipal Court, Calhoun County Circuit Court, Calhoun County District Court, Anniston Municipal Court, Oxford Municipal Court, Jacksonville Municipal Court, Orange Beach Municipal Court, Gulf Shores Municipal Court, Loxley Municipal Court, Foley Municipal Court, Crenshaw County Circuit Court, Crenshaw County District Court, Escambia County District Court, St. Clair County Circuit Court, St. Clair County District Court, Pell City Municipal Court, Walker County Circuit Court, Walker County District Court, Jasper Municipal Court, Hollywood Municipal Court, Morgan County Circuit Court, Morgan County District Court, Decatur Municipal Court

THIS LIST IN NON-EXHAUSTIVE. WE DEFEND DUI & CRIMINAL CASES IN ANY COURT IN THIS STATE.

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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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