Reader’s Question:

Driving home one night here in Mobile, Alabama, I was asked to stop because the officer thought I was drunk driving. After I was asked some questions, he also asked me to do some roadside tests and breath test. I wasn’t arrested but I’m just curious to know if I will be arrested for DUI in the future, can I refuse a blood alcohol test at the police station?

Zac

Mobile, AL

If you will be arrested for DUI in Mobile, Alabama in the future, there are certain situations wherein you could refuse a blood alcohol test, but these situations are very rare. If you already provided the police officers a sample that gave them a valid result, you could definitely refuse to take a second blood alcohol test. However, if the police officer suspects that you are under the influence of a drug or other substance that breath tests could not detect, then you could be required to take a second test.

Moreover, just in case you have a physical disability that would make it impossible to take a blood alcohol test, you may be excused from the requirement, but it is up to you to tell the police officer of your disability so that a different type of test can be arranged, if possible. Aside from those special circumstances, refusing to take a test can have severe consequences and is usually not the wisest course of action. Not only that your refusal can be a damaging piece of evidence at trial, it could mean that your license will be revoked for a longer period of time. So with that being said, it would be up to you to weigh the potential negative consequences of refusing against the possibility of a test result that registers above the legal limit.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

The people I talk to who have been arrested for DUI here in Montgomery, Alabama told me about these field sobriety tests being conducted on people suspected for DUI? Is there a scientific basis for these field sobriety tests, could you give some examples and can they be used to determine probable cause to arrest a person?

Fidel

Montgomery, AL

The field sobriety tests (FST’s) are generally used by police officers in Montgomery, Alabama DUI investigations to determine if the driver is under the influence of alcohol. Normally, FST’s consist of a battery of three to five exercises like walk-and turn, one-leg stand, “nystagmus,” finger-to-nose, alphabet recitation, “Rohmberg,” etc. The police officer could decide whether the driver “failed”, or he may decide after applying recent federal “standardized” scoring. But these tests have no real basis in science and are almost useless in a DUI case.

Any police officer or DUI attorney knows that the decision to arrest is made at the driver’s window and the FST’s given supposedly to determine probable cause to arrest is actually for the purpose of gathering evidence. The officer actually has already made up his mind in arresting the driver so he will “see” what he expects to see. The conditions wherein the FST’s are taken almost guarantee failure: possibly cold, along a gravelled or sloped roadside, usually late at night, with bright headlights from passing cars, the officer’s flashlight and patrol car’s strobe and headlights providing the lighting and the driver might be nervous, frightened and completely unfamiliar with the tests.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I am planning to get a lawyer to help defend my DUI charge here in Dothan, Alabama. What are the things that I need to know about the lawyers that I’d be talking to before I consider hiring one?

Fisher

Dothan, AL

There are a lot things that you need to know in a lawyer before you go ahead and hire one to help you defend your DUI case in Dothan, Alabama. You need to know what percentage of the lawyer’s case load is currently DUI and find out also if the lawyer accepts cases other than DUI cases. You can ask as well as to how many DUI trials has the lawyer done in the past, how many cases does he/she currently carry, how many DUI cases has he/she handled in his/her career. This way, you will find out how experienced the lawyer is in handling DUI case.

You also need to find out if the lawyer is the one primarily responsible for your DUI case and if not, ask who it will be. If the DUI case goes to trial, you also need to know who will be the lead counsel in your case and ask as well if you can get your money back if you decide to hire the lawyer and pay him/her and change your mind the following week. These are the utmost important things that you need to know about the lawyer that you will hire to help you on your DUI case.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

We’re planning a small party here in Tanner-Williams, Alabama because of my promotion and of course, alcoholic beverages will be present. I don’t want my guests be driving home drunk because I don’t want them to get into an accident or get charged with DUI. How can I prevent a DUI for my guests?

Penny

Tanner-Williams, AL

Having a party is a good way to celebrate and I congratulate you on your promotion, Penny. You have worked hard and here is your chance to unwind. Social gatherings would always be a part of life for without it, we might all go a little crazy. Your party at Tanner-Williams, Alabama means that you and your guests will be consuming alcohol so you have to stay responsible and plan ahead as to how your guests can prevent an accident and being caught drunk driving.

My advice is that you can have a designated driver. You have to decide ahead of time if you or someone else would be the designated driver. Also, if there is a large group, you have to make sure that there are enough designated drivers to get everyone home safely. Make sure as well that the designated drivers are responsible by not drinking so that they can help everyone get home safely. Avoiding a DUI arrest before it happens is the smartest thing to do.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Driving home about three days ago, my brother was caught drunk driving in Tuscaloosa, Alabama and was charged with DUI. If he will be convicted, what is the worst thing that can happen to me and will he get a harsher sentence if he fights the case than if he pleads guilty?

Sabrina

Tuscaloosa, AL

If your brother pleads guilty on his DUI case in Tuscaloosa, Alabama, it is not always that he gets a harsher sentence if he fights the case than if he pleads guilty. The sentence of the case depends on many factors. This question is the kind of one that is judge-specific and case-specific. Some judges may punish an individual more after a jury trial, but not a bench trial which is a trial in front of the judge only. Your brother has the option of whether to seek a bench trial or jury trial, so the DUI lawyer can control this to a certain extent. His DUI case may have a fantastic legal issue that needs to be appealed to a higher court, and this might require some sort of trial to be able to obtain the right of appeal.

If he will be convicted of DUI, the worst thing that could happen to him depends on his situation and the facts of his DUI case. At a minimum, he will have to pay a fine, perform community service hours, have his car impounded, be placed on probation, attend DUI school and counselling (if recommended).

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I have just been charged with DUI in Huntsville, Alabama and I was advised that it is really hard to win this kind of case. That’s why I decided to get a lawyer to help me out. What kind of fees should I expect to be charged for to get a legal representation?

Rae

Huntsville, AL

It may really be hard to win a DUI charge if the prosecution’s case is strong enough against you. But with the services of a good DUI lawyer, I’m sure you will have a pretty good fight. Well, the legal fees are being determined by several factors. These factors include whether the charge is a DUI felony or a DUI misdemeanor case, the severity or degree of the DUI charge, the complexity of the DUI case, the number of crimes charged and the defendant’s expectations and desires. In general, the legal fees that are being charged to represent a DUI misdemeanor are less than the charges for a DUI felony case. DUI misdemeanor cases are considered less complicated than that of DUI felony cases.

Most DUI lawyers divide the legal fees that they charge into Pre-trial and Trial fees. They typically charge a fee for all representation up to the Trial and they charge additional fees if the defendant desires to proceed with a Trial. It’s a good thing that you already decided to hire a DUI lawyer to represent you on your DUI case in Huntsville, Alabama. Don’t expect to pay little but I’m sure it’s all gonna be worth it in the end.

Tags: DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Hoover, Alabama and of course, that means I have to get SR22 car insurance. How can I go about getting the best car insurance rate possible when I was just convicted for DUI?

Vaughn

Hoover, AL

I’m sorry to tell you this but you have just been classified as ‘high risk’ driver because of your DUI conviction. However, despite of your label by insurance companies as being high risk, you still have options when it comes to your SR22 auto insurance. You just have to remember that there are still many insurance companies that specialize in these types of car insurance policies and more specifically DUI car insurance policies. They know that there is a big market need for those who happen to have a DUI conviction and they design their business around it.

So, when you are shopping for SR22 car insurance, the only way to get the lowest rate is to get rate quotes from as many different sources as possible. But, I tell you what, you can actually start your search here because you can get an online rate quote for great SR22 car insurance in Hoover, Alabama from this site. SR22 quotes are free and good thing about it there is no obligation to use any insurance company by getting a quote from them. You have to seek out quotes from as many providers and/or brokers as possible to get the best deal for your SR22 car insurance.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I have a DUI charge in Huntsville, Alabama. I’m very much worried about my driver’s license because I know that I might lose it especially if I get convicted. What is the difference between an Alabama administrative license suspension and a license suspension for a DUI conviction? Can I get a temporary license for work if I lose my license?

Marvin

Huntsville, AL

If you lose your driver’s license because of your DUI charge in Huntsville, Alabama, unfortunately and unfairly, you cannot get a temporary license to drive to work in Alabama. This is just one of the reasons why it is imperative to aggressively fight your DUI charge.

They like to punish people twice for the same offense in Alabama. An Alabama administrative license suspension occurs if you have been arrested for a DUI regardless of whether you have been found guilty of a DUI or not. In fact, your driver’s license will be suspended even before the trial. If you are arrested for DUI in Alabama, you must make a formal application to challenge your driver’s license suspension within 10 days from the arrest. Otherwise, your driver’s license will be suspended for 90 days. This is just another reason why you should contact an Alabama DUI lawyer as soon as possible after the arrest.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I was charged with DUI in Birmingham, Alabama and it’s nearing my first court date. A friend of mine advised me about an Alabama DUI law that a police officer needs to have a 20-minute observation before the alcohol test. If this is true, can we use this as a defense if the officer did the alcohol test on me without having a 20-minute observation?

Sophia

Birmingham, AL

Yes, you can definitely use that as a defense on your DUI case in Birmingham, Alabama. The Alabama State law requires the police officer to watch the DUI suspect continuously for at least 20 minutes prior to administering the breath alcohol test. The police officer must make sure that during this period the person does not consume anything, belch, burp, hiccup or regurgitate. Any of these can actually cause alcohol to travel from the stomach to the mouth. Blowing this “mouth alcohol” into the breath machine can trigger exaggeratedly high blood alcohol content (BAC) reading.

Police officers rarely follow this required observation procedure. They usually perform paperwork, set up the machine, write reports and converse with their partners, diverting their attention from the DUI suspect who must be watched vigilantly during this period. Failure to follow this procedure may cast doubt on the validity of the test results and can sometimes get the test thrown out of court altogether.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My cousin was charged with DUI here in Mobile, Alabama and he was thinking about just pleading guilty to his case. He was advised by his DUI lawyer that he can have a deferred prosecution. What does this mean and what does he have to do?

Raquel

Mobile, AL

It is possible to negotiate a deferred prosecution in some circumstances for an Alabama DUI charge. A deferred prosecution basically means that the person charged with an Alabama DUI agrees to plead guilty. So long as the defendant completes certain requirements, Alabama DUI charges are dropped. A typical Alabama DUI deferred prosecution requires the defendant to attend alcohol abuse classes, pay fines, complete community service and take random drug and alcohol screenings.

If your cousin will undergo a deferred prosecution for his DUI charge in Mobile, Alabama, normally, the he would have approximately six months to complete these requirements. If these requirements are met, the prosecution dismisses the Alabama DUI charge. Deferred prosecution is sometimes advisable when there are no other grounds to have the Alabama DUI charge dismissed, when the defendant wants to end his DUI nightmare quickly or when an attorney believes he cannot win a jury trial. Deferred prosecution eliminates most of the lasting and serious consequences of an Alabama DUI charge and it can be offered to those with multiple Alabama DUI convictions as well.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer