Search Alabama DUI Defense Attorneys by County
- Auburn
- Collier Swecker:
Our firm represents and advises clients who have been charged with
driving under the influence. Such charges can have serious
consequences. A conviction will result in fines and possibly land you
in jail. In addition, your insurance company may increase your rates to
an unmanageable level. In defending against an under the influence or
impaired driving charge, you have many rights as a criminal defendant,
including the right to cross-examine the witnesses against you, even if
they are police officers. An experienced attorney can make all the
difference.
- Walton Law Firm:
The Sixth Amendment of the U.S. Constitution states that criminal defendants have a right to the assistance of counsel.¬Ý Courts have interpreted this to mean that criminal defendants have a right to an attorney during all critical stages throughout the criminal process.
- Bay Minette
- Doerr Law Firm:
Driving under the influence (DUI) and driving while intoxicated (DWI) laws make it unlawful to operate a vehicle while 1) impaired by the effects of alcohol, illegal drugs, or prescription medication, or 2) intoxicated at a level beyond set DUI/DWI standards, such as blood-alcohol count (BAC). Many states carry "implied consent" laws requiring that licensed drivers submit to a chemical test if suspected of DUI or DWI. Costs and criminal penalties associated with DUI/DWI vary according to the circumstances of the offense, but license suspension, fines, and jail time are typical consequences.
- Birmingham
- Polson & Robbins:
NOT GUILTY!! The words you want to hear. A DUI arrest is not a conviction!
- Mari Morrison:
ARE YOU, A FAMILY MEMBER OR A FRIEND FACING A CHARGE FOR DUI?
Hiring an experienced attorney can be the most important decision you make. You need to know your rights! DUI is a serious offense with severe consequences!
1 ST DUI Conviction - Jail not more than 1 year or a Fine of $600 to $2,100.
2 ND DUI Conviction - 48 hours Jail up to 1 year and a Fine of $1,100 to $5,100.
3 RD DUI Conviction - 60 hours Jail up to 1 year and a Fine of $2,100 to $10,100.
4 TH DUI Conviction - FELONY: prison 1 year and a day up to 10 years and a Fine of $4,100 to $10,100.
Mandatory attendance at an alcohol education program and revocation or suspension of driving privileges is required with all convictions for DUI.
You need to be informed as to any defenses you may have. Investigation should be made of the purpose for the traffic stop, field sobriety tests given, breath alcohol level, etc. Blowing a .08 or greater reading is required under Alabama law to be considered under the influence of alcohol. Was the person administering the test qualified? If not, the results are deemed invalid. Knowing how to proceed and discover this information can make the difference for you!
For any prior DUI convictions were you represented by an attorney or was that right knowingly waived? The failure to have been afforded due process in a prior conviction for a DUI may render that conviction invalid for enhancement purposes.
It is important that your attorney be knowledgeable of the courts, judges and prosecutors that you may face.
- Jaffe, Strickland & Drennan:
A misdemeanor is a crime normally punishable by less than a year in a jail.
- Perry Jackson:
Anyone looking for legal representation in the state of Alabama should be aware that not every attorney licensed to practice in Alabama have actually graduated from an accredited law school.
- Jeffrey Bramer:
A driver's license is a must in today's society. Protecting your privilege to drive is becoming increasingly more challenging to the legal professional. Fines and jail time are on the rise and you should seek legal representation if you are charged with DUI.
- Michael Hanle:
Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving, and drunken driving, operating a car after using or while using alcohol and drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations.
How serious is DUI/DWI?
DUI/DWI is a serious problem. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of "innocent" parties who were in the wrong place at a time when someone chose to drive a car while impaired. DUI/DWI is dangerous for those individuals who chose to operate a car under the influence, and for those individuals whom they injure or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and their victims.
Is it "safer" to drink beer, wine or hard liquor in excess?
None of them. Different types of drinks contain different concentrations of alcohol, or what may be called "proofs." The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take "less" hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer.
Drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively but you may also suffer other physical injuries whether or not you decide to operate a motor vehicle. Excessive alcohol consumption over a long period of time can cause damage to the kidneys, liver, heart, and brain. Excessive use of alcohol within a short period of time can also lead to death.
What is a blood alcohol content?
A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above .10, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law.
- You may still be charged with DUI/DWI even if your BAC or BAL is under .08
Do I have to take a breath analyzer test?
A breath analyzer test measures a person's BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is "on" your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under the law in some states, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license will automatically be suspended. If you are later found to have not been intoxicated or impaired, your license may still be suspended in some states as a result of your failure to cooperate.
Can I be charged with DUI/DWI for driving after taking drugs?
Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don't get behind the wheel if you are taking any medications that are incompatible with safe driving.
What will happen if I have more than one DUI/DWI conviction?
What will happen to you depends upon what state you are in. In most jurisdictions, there is a "step-up" method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license, incarceration and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges and civil lawsuits.
Are "alternative" penalties okay for DUI/DWI?
In many cases "alternative" penalties are allowed in DUI/DWI cases. A judge hearing your case may have discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such discretion, but in first time offenses, or in less serious matters, a judge may be able to require you to perform community service in the nature of giving talks about the dangers of drunk driving. In other situations, a judge may require you to place a license plate on your vehicle or a mark on your driver's license that indicates that you have been convicted of DUI/DWI.
Should I get an attorney if I have been charged with DUI/DWI?
Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI/DWI since these laws are strictly enforced. Some states require that the police provide you with a list of local DUI/DWI defense attorneys. While there may be some arguments that you can make in your defense, your chance of successfully making those arguments or finding mistakes that may have been made in your arrest are much greater if you have an attorney assisting you. If you are faced a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you may face.
- Joseph Kreps:
By hiring an attorney in your criminal case, you can sometimes save enough money in reduced bail and fines to pay your lawyers fee. Thus, it pays to hire an attorney as soon as you have been arrested.
- Charles Flowers:
If you are charged with a crime, CONTACT A LAWYER right away! Even the issues that are raised in a bail hearing can affect the way your case is handled. You may be tempted to see whether you can avoid paying an attorney altogether and just deal with the defense on your own.¬ÝDo not do this. Defending against criminal charges takes¬Ýtime, requires¬Ýexperience and can have a more profound effect on the rest of your life. If you cannot afford a lawyer, request a court appointed lawyer.¬Ý If you are a suspect in a criminal investigation, do not discuss your case with anyone, even family members, without the advice of a criminal defense lawyer.
Don't consider doing it yourself’Äîdon't wait to find a criminal defense attorney! The sooner you obtain representation, the sooner the facts surrounding the accusations can be discovered and you can start moving to a resolution.
- Erskine Mathis:
Q. Must the police always advise me of my rights?
A. Only if they are going to ask you questions and the answers to those questions will incriminate you. If they do not intend to ask you any questions it is not necessary for them to advise you of your rights.
- Lagman & Associates:
Alabama follows the implied consent law. This means if you are behind the wheel of a car and you are a licensed driver, you have already given your
consent to take the chemical test, when lawfully arrested for driving under the influence. Many Defendants often refuse the chemical test and depending
on how the attorney handled that refusal and the facts and circumstances surrounding that case, such information can either be suppressed, ruled
inadmissible or be irrelevant to the prosecution. Likewise the information may be submitted into evidence against the Defendant for proof of the
conviction of the underlying charge.
- Dothan
- Matthew Lamere:
Criminal law includes the entire criminal process beginning with investigation and arrest leading to conviction and sentencing. Several parties are involved in this process such as the accused, prosecuting attorneys, defense attorneys, judges, police officers, and witnesses. Persons suspected of or charged with a crime are granted fundamental rights¬Ýunder the Constitution, including the right to an attorney and a speedy jury trial. These rights protect the government's interest in punishing criminal behavior, while preserving individual freedoms characteristic of a free society.
- Valerie Judah:
If you are charged with Driving Under the Influence, your license will be suspended at the end of a 45 day period if you do not appeal within ten (10) days to the Alabama Department of Public Safety to request an Administrative Hearing.
- Brian Blackwell:
Failure to Appear: If you are not in Court on time, the Judge may issue a warrant for your arrest and you could be charged with another offense; (failure to appear). On late arrival you may be arrested and jailed until your next court date.
- Gadsen
- Clark Hall:
When the police tell you that you have the right to remain silent, exercise that right until you have the opportunity to speak with a lawyer.
- Gulf Shores:
- Daniel Craven:
The sobriety test of choice for most police agencies throughout the United States is the Intoxilyzer
5000. Most people probably agree with the law enforcement's enthusiasm towards this device. More
than likely it's because they have the misconception that this device measures your blood alcohol level.
In fact, it merely measures breath alcohol levels.
- Huntsville:
- Loxley
- John Cowling:
If the driver opts to proceed to trial to challenge his speeding ticket both the driver and the prosecutor will present their evidence and case to the judge. The prosecutor will present the officer's testimony regarding the incident in question. The officer will be asked if he is certified in using the radar gun, if he tested the radar gun on the day in question, and if he calibrated the gun prior to its usage. If the officer is not certified or did not test the gun as generally required in most states, the radar gun evidence may be deemed inadmissible. However, even if the evidence is deemed inadmissible, the officer may be able to testify as to different methods that he also used to determine the driver's speed prior to issuing him a ticket.
- Mobile
- Derek Quinn:
THREE THINGS YOU MUST LEARN IMMEDIATELY!
1 - Was I actually under arrest?
2 - What I am being charged with?
3 - What are my rights and who will help me protect them?
- Beckerle, Smith & Maddox:
DUI - DWI Offenses—Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a bit awkward. A DUI - DWI conviction in Alabama carries with it the possibility of the following sanctions:
- Alcohol assessment and treatment
- Criminal record
- Fines and forfeitures
- Increased insurance rates
- Jail or prison sentence
- Job loss
- Probation and community service
- Suspension or loss of driver’s license
- Vehicle immobilization or forfeiture
- James Harper:
When you are faced with a serious criminal charge, it's important to have an
experienced lawyer on your side.
- Mallette Law Office:
There can be unanimous agreement that the crime of DUI is wrong and should be punished. However, the path this country is taking in solving the DUI problem is flawed. First, as it becomes easier, under the law, to be labeled intoxicated or impaired, more and more innocent people are going to be convicted because of the inability of law enforcement to accurately detect a drunken driver. As the prohibited blood alcohol content (BAC) limit moves closer to sobriety and away from insobriety, the symptoms police look for are going to be harder to detect. Mistakes made by law enforcement are going to increase.
- James
Smith:
The absolute best defense is to never drink and then operate a motor vehicle or water vessel. Unfortunately, you didn't think to call your lawyer from the bar/party/social gathering and ask his advice before encountering the State Trooper/Deputy Sheriff/Policeman. So, we begin with the proposition that the best defense is not available. Whatever the outcome, we can be sure that that Taxi Cab ride home would have cost less than what you may now be looking at to deal with this situation. This is not intended to make light of the predicament you may now be in. But, lets face it, this time it didn't happen to the other guy; its you...
- Montgomery
- Andrew Skier:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .08 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
- Spence Singleton:
People can find themselves in a position where they need a lawyer for a DUI or DWI charges. Or you just need and advocate for No matter what you need in these cases, the best representation is needed for your defense.
- William Azar:
I learned that is is not illegal to drink and drive. It is only illegal to drink to the point your ability to drive is impaired, which is not necessarily the same for everybody. Therefore DUI is not as "cut and dry" as the police would have you believe.
Sure, there are those that are literally "falling down drunk" that have no business driving and should go to jail. Then there are those who went out to dinner with their family, friends, etc. had a couple of drinks, leave, and are pulled over for some reason or another or worst, are involved in an auto accident through no fault of their own. The police arrive, smell an alcoholic beverage on their breath and Automatically assume they are DUI.
This indeed IS unfortunate. Here, an innocent situation has now evolved into an arrest and prosecution which could ultimately end in loss of drivers license, loss of insurance, loss of job, criminal record, etc., etc. The result can be devastating.
- Larry Sasser:
Drunk driving, or DUI, is one of the most serious traffic offenses you can be charged with. A drunk driving conviction can result in large fines, court-ordered alcohol treatment, loss of your drivers license, and even jail time.
If you are charged with DUI, I will word hard for you in criminal court, and in the civil arena where your license revocation will be determined.
If you have been ticketed, charged by complaint, indicted, or arrested, you will most likely have an arraignment appearance scheduled soon.
- Blanchard Law Offices:
If you find yourself under arrest or investigation for a crime, you should contact an experienced criminal defense firm ... right away so they can start protecting your rights.
- Rountree & Singleton:
Being charged with the offense of DWI is a serious legal matter.
- Until your case is finalized in court, you should not discuss your case with anyone other than your lawyer.
- If you are contacted by the police or anyone else, you should decline discussing the case without the presence of your lawyer.
- You should never attempt to contact witnesses who have been listed to testify against you. This can sometimes be misinterpreted as an effort to intimidate or influence such witnesses’ testimony and can have disastrous consequences.
- If you believe that witnesses may actually be helpful to your case, make a note of the way in which you think they may help and tell your lawyer about it. This will protect you from any unfair claims with respect to such witnesses.
- Brannan & Guy:
The criminal charge of driving under the influence, in particular, often carries with it a social stigma leading to disruption of the defendant's family and work.
- Pelham
- John McBrayer:
Under Alabama law, the consequences of Driving Under the Influence (DUI) of alcohol or other substances has dramatically increased in the past few years. A fourth DUI offence is now punishable as a felony and usually carries with it a minimum sentence in the penitentiary. Even a first DUI offence has dire consequences, in that an individual will lose their driving privilege for ninety (90) days and their insurance will dramatically increase. Therefore, I recommend fighting any DUI charge to the best of your ability, which usually means hiring an attorney who has experience in this area.
- Pell City
- Joseph Kemp:
If you have been charged with DUI, you may need legal representation in order to protect your constitutional rights.
- Prattville
- Kristel Gibbons :
Statutory DUI .08 or higher for non-CDL or bus drivers. Can be charged
with DUI if under .08 if shown/proven alcohol/drugs so impaired
driving. Can be felony if 4 or more DUIs are on record.
- Tarrant
- Carlisle &
Carlisle:
Never go to court without an attorney on a driving under the influence charge.
- Tuscaloosa
- Pollard Law Firm:
You should consult an attorney for individual advice regarding your own situation.
- Leon Storie:
Almost everyone knows someone who has been charged with DUI. The police must follow many technical rules when processing a person for DUI. Not following any of these procedures could result in a DUI case being dismissed. A careful review of the facts of the case is always important to determine whether a DUI case can be won in court.
- Turner, Webb & Roberts:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 percent.
- Joel Sogol:
DUI - Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI charges will result in fines, loss of driving
privileges, and possibly land you in jail. In addition, your insurance
company may increase your rates to an unmanageable level or refuse to
insure you at all. In defending against an impaired driving charge, I
can insure that your rights as a criminal defendant are protected,
including the right to cross-examine the witnesses against you, even if
they are police officers. An experienced criminal defense attorney can
make all the difference in such a difficult case.
- Unknown
- Spence Singleton:
The Dirty Dozen 12 Common Mistakes You Might Make in Your DUI Case in Alabama 1. People have a natural tendency avoid dealing with anything unpleasant. Getting a DUI charge is unpleasant. Don’t make the mistake of putting off getting professional help in handling the defense of your case!
2. Being thrust into the criminal court system for a DUI Offense is very nerve-racking and uncomfortable situation. A DUI can negatively affect your life for a very long time. A DUI will definitely cause your automobile insurance to either be canceled or to be increased dramatically. Many people do not realize that a DUI Conviction can affect your ability to obtain life insurance, your credit, your employment and let’s not forget the obvious life change of being sent to jail, paying heavy fines and suffering other penalties...like the loss of your job.. Don’t make the mistake of not taking the DUI charge seriously!
3. Every case is different and must be treated as such. There is no such thing a standard DUI defense or for any criminal charge. A lawyer can not adequately prepare to defend a DUI case with little time to prepare a defense based upon the specific facts in your case. The DUI charge must be examined and evaluated for the case strengths and weaknesses. A defense must be well thought out and built piece by piece, not thrown together. Don’t make the mistake of waiting to hire a lawyer to help you in your DUI case.
4. Please do not think of a DUI as just a traffic offense that can be worked out when you get to Court. A DUI is a criminal offense with mandatory sentencing requirements passed by the Alabama State Legislator. A charge of DUI can not be reduced down to any other charge. The prosecutor is going to use all of the legal tools allowed to convict you. Don’t make the mistake of thinking the DUI charge is not serious!
5. A wise man once said that, “He whom represents himself has a fool for a client”. Do not make the mistake of trying to represent yourself.
6. The State of Alabama rules allow only ten (10) days after your arrest in which you can request an administrative hearing in order to keep your license until the case goes to Court. The time allowed under this administrative rule is strict and the procedures must be followed. Don’t make the mistake of allowing the time to pass to keep your license until your trial.
7. This mistake is the one most often made. Do not seek legal advise from anyone unless he or she is a lawyer trained in criminal defense and with extensive experience in handling DUI cases!
8. Do not miss a Court date for any reason. Your failure to appear when ordered will result in a warrant being issued for your arrest and you will be held without bail until your next trial date. Don’t make the mistake of not hiring a lawyer to protect your interests and keeping you advised of each step in the process!
9. Do not think that a friend of a friend knows someone in the system who can “make the DUI go away.” Don’t make the mistake of believing that any criminal case, and a DUI in particular, is a “good ole boy” matter...it isn’t!
10. When pulled over by a law enforcement officer anything you say can and will be held against you when you go to Court. The law only requires you to state your name, produce a driver’s license, proof of insurance and the vehicle’s registration. You are not required to take any “roadside” tests. The “heel-to toe” and the “finger-to-nose” or any other test like them are not required to be taken. You cannot “pass” these “tests” and anything that you attempt to do will only be used as evidence against you. The only test required by Alabama Law is a test of your blood, breath or urine....after you have been arrested and advised of your rights under the “Implied Consent Law”. Don’t make the mistake of attempting to perform any “tests” on the side of the road or answering any questions about where you have been or how much you have had to drink!
11. If you are in an accident, do not think that any report to the insurance company is private. What ever you tell the insurance agent may be used against you in Court. Don’t make the mistake of filling out any reports or insurance claim form until you have contacted a lawyer!
12. There are very real legal dangers involved when you speak to anyone about your case except your lawyer. Anything you tell your lawyer is private and the lawyer cannot and will not break your confidence. Don’t make the mistake of talking with anyone except your lawyer about your case!
RETURN TO DRUNK DRIVING DEFENSE
|