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

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.   

• Email This
• Print
• Comments
• Trackbacks

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.   

• Email This
• Print
• Comments
• Trackbacks

Field sobriety tests are very inaccurate.  The tests are completely subjective and should not be used as proof of guilt in any court proceeding.  Has anyone ever passed a field sobriety test in Alabama?  I doubt it.  If the cop wants to arrest you, you can bet the night in jail that your performance on a field sobriety test will make little difference.  Apparently, cops are like superman, they have laser vision.  They are able to discern an inch difference in the placement of your feet on a dark highway with little to no light,  and are able to stand on one foot while counting for 30 seconds at a time, without ever moving a muscle or slightly adjusting their leg.  I don't know about you, but standing on one foot for thirty seconds is hard to do at all, sober or not.  Don't believe me, try it.  Make sure your foot does not touch your leg or almost touch the ground, and make sure you don't sway too much while doing so either.  I have heard all these grounds used as a cops reasoning to arrest someone for DUI.  As I have said on this blog several times, do not take a field sobriety test. 

• Email This
• Print
• Comments
• Trackbacks

An Alabama women was charged with a DUI for, "riding under the influence."  This story is a couple months old, but helps make my point.  The crazy, "MADD" mothers against drunk driving have caused Alabama to go insane.  Alabama code 32-5A-191 specifically requires that in order to be guilty of driving under the influence, you must be driving or under the physical control, "of a motor vehicle."  Does anyone think this horse has wheels or an engine? How in the world can the language of the Alabama Statute be interpreted any other way than to require some kind of motorized vehicle?  According to Websters, the definition of motor vehicle is as follows:

 motor vehicle
Function: noun
: an automotive vehicle not operated on rails; especially : one with rubber tires for use on highways

This is just another crazy example of police powers run amok and MADD mothers running our legislature and courts.  I guess the horse had rubber horseshoes.  What's next, no bull-riding while intoxicated?  What fun would that be. 

• Email This
• Print
• Comments
• Trackbacks

A first time DUI conviction can land you in jail.  You could face a year in jail for one DUI conviction.  One DUI can also have other serious consequences.  You can go to jail, pay large fines, lose your drivers license for 90 days, your car insurance will triple, you may lose your job or security clearance at work, and it could ruin your reputation with your friends, neighbors or co-workers.  Furthermore, a DUI conviction will stay on your record forever.  There is no expungement provision in Alabama.  

Most people charged with a DUI have much to lose.  Do not plead guilty until you speak with a criminal defense attorney that focuses their practice on DUI defense. Too many people blindly try to make these charges go away by quickly pleading guilty to the charges.  An Alabama DUI charge is a serious offense and you need to take it seriously.  Pleading guilty is normally the last option.  You are innocent until proven guilty and you should make the state prove your guilt in court.

• Email This
• Print
• Comments
• Trackbacks

When you are arrested for a DUI in Alabama your case will be heard in a particular court.  The specific court your case is docketed in depends on several factors; including which police agency arrested you and how many Driving Under the Influence convictions you have.  If it's your first DUI or your second, the case is still a misdemeanor and your case will be in either a municipal or district court of the county in which you were arrested.  If you have three DUI convictions, your case is a felony and you will be scheduled for a preliminary hearing in the District Court of the county in which you were arrested.  A felony DUI conviction may also be heard originally in the Circuit Court of the county you were arrested, depending on how you were charged.

If you are arrested for a DUI in a municipality by a municipal police officer, your case will be heard in the municipal court of that city(i.e. Mountain Brook) if that city has a municipal court.  Municipal courts and district courts are what we lawyers call, "courts of limited jurisdiction."  This just means that these courts have no power to hear felony DUI cases.  A district court can, however, have preliminary hearings in felony DUI cases. 

There is no right to a jury trial in either a municipal or district court.  If one of these courts hear your case and you exercise your right to have a trial, then you will have a bench trial.  A bench trial is a trial before a judge only, with no jury.  If you chose to have a trial in either a district or municipal court and are convicted, you have a right to appeal that conviction to a circuit court of the county you were arrested for a new trial.  In order to perfect your right to a DUI conviction from a district or municipal court, you must file a notice of appeal within 14 days of conviction and post an appeal bond.  If you do not file within the time allotted you forfeit your right to any appeal.  You are entitled to a jury trial in circuit court.  If you lose in circuit court, you can always appeal that decision to the Alabama appellate courts.

• Email This
• Print
• Comments (1)
• Trackbacks

Alabama law is well settled in that, to establish a prima facie case of driving while under the influence of alcohol under § 32-5A-191(a)(2), the state must prove beyond a reasonable doubt that the defendant:

• drove, or was in actual physical control of, a motor vehicle
• while he was under the influence of alcohol
• to such an extent that it affected his ability to operate his vehicle in a safe manner.

• Email This
• Print
• Comments
• Trackbacks