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July 30, 2008

Avoiding a DUI Arrest in Tanner-Williams AL

Filed under: DUI lawyer Alabama — author @ 6:36 pm

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.

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July 29, 2008

Tuscaloosa Alabama DUI Conviction

Filed under: DUI lawyer Alabama — author @ 11:42 pm

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).

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July 26, 2008

Huntsville Alabama DUI Lawyer Fees

Filed under: DUI lawyer Alabama — author @ 10:02 am

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.

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July 25, 2008

Hoover Alabama DUI SR22 Car Insurance

Filed under: DUI lawyer Alabama — author @ 7:26 am

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.

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July 24, 2008

Huntsville AL DUI Driver’s License Suspension

Filed under: DUI lawyer Alabama — author @ 1:57 am

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.

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Birmingham Alabama DUI Defense

Filed under: DUI lawyer Alabama — author @ 1:38 am

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.

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July 23, 2008

Mobile Alabama DUI Deferred Prosecution

Filed under: DUI lawyer Alabama — author @ 4:32 am

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.

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July 21, 2008

Montgomery Alabama Drunk Driving arrest

Filed under: DUI lawyer Alabama — author @ 1:12 pm

Reader’s Question:

I have never gotten arrested for DUI here in Montgomery, Alabama but I know a lot of people who have been charged with this kind of offense. I’m just really curious because I don’t want the same thing to happen to me. I just wanna know, what happens in a DUI arrest?

Regine

Montgomery, AL

Usually, a driver is being suspected for driving under the influence if he/she is drifting between lanes, stopping abruptly for no reason, swerving erratically while driving, driving at extremely high or low speeds or making excessively wide turns. If you were caught doing at least one of these things, you might just get pulled over and be arrested for DUI in Montgomery, Alabama.

During a DUI arrest, a driver is usually asked to do some tests to prove whether or not he/she has been driving under the influence. The first set of tests would be the Field Sobriety Tests (FST) to test the coordination and balance of the driver. The usual tests that are being done would be the Horizontal Eye Test, the Walk and Turn test, and the One Leg Stand. Each of these tests being conducted is designed so that a sober person will be able to pass without a problem. These tests do not provide the police officer with a specific blood alcohol level but they do allow the officer to pass judgment on the ability of the driver to operate a motor vehicle.

Once the police officer determines that the driver is intoxicated based on these FST, he/she will be asked to take the Breathalyzer test. The driver will breathe into the Breathalyzer and it will compute the blood alcohol level. The driver will be considered legally intoxicated if your blood alcohol is 0.08 or higher. If the driver fails the FST and Breathalyzer, he/she will be read his/her rights and arrested. He/she must remain in jail until someone posts bail and he/she receives a court date for sentencing.

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July 20, 2008

Alabama DUI Breath Test

Filed under: DUI lawyer Alabama — author @ 2:33 am

Reader’s Question:

I have heard from my friends about these different kinds of tests that are being done on people who have been suspected for drunk driving. I’m so much curious about this breath test that is used to measure the blood alcohol. How important is the breath test and is this kind of test admissible in court as evidence against someone charged with DUI in Alabama?

Mandy

Montgomery, AL

The breath test is usually being done by a machine which is called the Breathalyzer. The Breathalyzer is so simple to use that the individual would just have to breathe in the machine and after that, it will show the police officer the blood alcohol content (BAC). If the individual fails the test, he/she you will be brought in for further BAC testing which includes urine or blood BAC test.

The Breathalyzer is a very important tool to police officers who actively search for motorists who are drunk driving. It actually gives them yet another simple way to determine whether or not an individual is driving with too much alcohol in his or her system.

In the state of Alabama, the breath analysis test can be used against someone charged with DUI. But as they say, the results of the breath tests are not perfect, but they can be indication of whether or not an individual is driving with a BAC that is above the legal limit. If someone who is charged with DUI is working with a DUI lawyer, the lawyer may be able to prove that the test results were inaccurate.

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July 19, 2008

Alabama DUI First Offense

Filed under: DUI lawyer Alabama — author @ 1:03 pm

Reader’s Question:

My younger sister has just been recently charged with DUI for the first time. I’m so worried about her because she’s not used to getting in trouble like this. What comprises Alabama DUI law and what are the possible penalties?

Kevin

Dothan, AL

It is a crime to be driving under the influence (DUI) of alcohol or drugs. To be considered as driving under the influence in the state of Alabama, the individual must have blood alcohol content (BAC) of above the legal limit. Currently, in Alabama and also in all states in the US, the legal limit for BAC is .08 percent. DUI many people a year and put countless others at risk. Because of that, if a motorist is convicted for DUI, it carries far reaching consequences.

DUI is a crime; and if your sister will be convicted, there are different sentences that can be handed down by a court in Alabama. Since this is her first offense, in the state of Alabama, she may get some of the following penalties. She may either have a sentence of serving in jail for not more than one year, or by fine of not less than $600 nor more than $2,100, or both a fine and imprisonment. In addition to that, for a first conviction, the Director of Public Safety shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days. The person convicted would also have to attend mandatory DUI School.

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