Reader’s Question:

I actually have not been charged with DUI here in Decatur, Alabama. But, to be honest, I do drink and drive all the time. What advice could you give me so that I can avoid being caught? And in case I will be caught, what are the things that I should do?

Chandler

Decatur, AL

It is advised that you should not drive alone while in an intoxicated condition. But in case this is unavoidable, you should have a favorable witness along with you in your car. I also suggest that you put eye drops to mask bloodshot eyes, which strongly indicate an inebriated condition.

In case you will be caught drunk driving in Decatur, Alabama, you should avoid taking a portable breath test or any field sobriety tests while in an intoxicated condition, as you are not required to do so by law. You should also ask for an attorney before questioning and after Miranda warnings are given. You should not disclose facts as to how much you have been drinking and what were you drinking. All implied consent warnings should be fully read to you by the respective arresting officer. You must be polite and courteous regardless of how rude a police officer may be towards you. Also, while blowing into the Breath analyzer, don’t blow hard because blowing hard may reflect a higher than normal reading. Lastly, make sure that you seek help from an Alabama DUI lawyer who has good experience in handling DUI cases.

Tags: advice, DUI

Reader’s Question:

I consider myself a social drinker and I have never gotten charged with DUI here in Alabama even though I have already risked drunk driving several times. I know that I can’t count out the possibility of getting caught. To reduce the risk of getting arrested for DUI, what are the best things that I can do?

Jared

Huntsville, AL

Whether you drink alcohol on a regular basis or you consider yourself a social drinker, there are some simple steps you can take right now to minimize your chances of being involved in a DUI stop in Alabama.

You can put cologne or perfume in the glove box of your car. The perfume or cologne needs to be on the more expensive end since the cheaper brands tend to wear off quickly and are not as potent. The purpose of using a cologne or perfume is to mask the scent of the alcohol on you and in your vehicle. You can apply the cologne to yourself from head to toe after you have drunk but before you drive a vehicle. You can also spray it around the interior of the vehicle to mask the scent in the vehicle.

You also have to keep some breath aids in your car at all times. Make sure that the gums or mints are fairly strong and will actually work like nu-breath or something similar. Not only the breath mints will mask the scent of the alcohol on your breath, but it will also slightly slur your speech due to the sucking and chewing action.

You can also spray the interior of your car with an air freshener before driving. Again, you have to use a more expensive air freshener than you would normally use. This needs to be a spray air freshener and not those scented pine trees you hang from your rear view mirror.

These are only some of the ways to reduce the chance of getting arrested for DUI. But of course, the best way not to be pulled over by an officer because of a DUI suspicion is not to drink and drive at all.

Reader’s Question:

My brother was charged with DUI here in Alabama. Yes, he consumed alcohol and he was in the car when he got arrested but he wasn’t actually driving. Why did the still charge him with DUI? How can a DUI lawyer help us out?

Tammy

Hoover, AL

Alabama is actually one of the states where driving the car is not the only way you can be charged with DUI. Having control of the vehicle and being able to operate it in any way and just being in a car while you are under the influence of alcohol or drugs are ground for prosecution. That means that if you consume alcohol, then get in your car and fall asleep or wait for a sober friend to come and drive you home, you have a chance of being charged with DUI.

Perhaps this kind of a DUI charge may seem humorous at first. That is because one would ask, how can anyone be charged with ‘driving under the influence’ if he/she is actually not driving? But no matter how funny we look at it, any DUI charge, driving or non-driving, is dangerous. The person can actually and seriously injure passengers, other drivers and just about anyone.

At this point, what I can advise you is to get a DUI lawyer who could be able to represent and defend your brother in his DUI charge. Having a qualified Alabama DUI lawyer on his side can help him to document what has occurred and proceed with your case. An Alabama DUI lawyer also has access to expert witnesses that your brother may not have access to as a layman. Having these experts on your brother’s side can make the difference between a successful case and an unsuccessful one.

Reader’s Question:

I haven’t been pulled over for any traffic violation. But it has been very alarming because a lot of people that I know has been caught and charged with DUI. If the same thing happens to me here in Alabama, should I refuse the Breathalyzer?

Dawn

Huntsville, AL

To answer your question whether you should take the Breathalyzer or not is, it depends. There is actually no good definitive answer to this question in Alabama. The only proper answer is that it depends on the circumstances. Your license and/or driving privileges to drive in Alabama will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits if you refuse the Breathalyzer test. In this case, the chances of winning are so slim. In the Breathalyzer case, state of Alabama must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Alabama while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. The state will typically still charge you with criminal DUI based on the officer’s observations even if you refuse. A lot of towns and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least six months) at the refusal hearing.

For an offense within five years if you lose the Breathalyzer case, the penalty will be six months to twelve months loss of license as well as fines, community service and driver retraining. You would also be required to obtain expensive insurance on your automobile. The only advantage of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record.

Reader’s Question:

My father was charged with DUI here in Alabama. He refused to take any chemical test to determine his blood alcohol content. Aside from the harsh penalties that he might be facing, what are the consequences he might have for the blood alcohol test refusal?

Lucy

Mobile, AL

Not only your face criminal charges for DUI, he will also have to deal with the hassle of dealing with the Department of Motor Vehicles (DMV) and possibly having his license suspended or revoked. That is why it is very important for him to contact an Alabama DUI lawyer. Getting a legal representation as quickly as possible will help him to document all of the facts of his case while they are fresh in his mind. This does not guarantee a positive outcome but it gives him the best chance of winning his case.

It can also affect the way his case is handled by the prosecutor since your father refused the chemical testing to determine his blood alcohol content (BAC). Refusal to submit to this type of testing leads to a 60-day suspension of his license under Alabama law regardless of whether he was actually guilty of DUI or not. During the suspension period, he has no opportunity to apply for a restricted license that can help him get to work, medical appointments, or other important places. Refusing these tests could also make his court case more difficult, as the prosecutor will argue that his refusal to take the test was because he knew he was guilty of DUI. Getting an Alabama DUI lawyer can help him at this point because a skilled attorney can refute these claims.

Reader’s Question:

I have a DUI conviction over a year ago here in Birmingham, Alabama. I’m looking out to clear my DUI record because I want to apply for a new job. Is there a way that my DUI can be cleared?

Sylvia

Birmingham, AL

You have to get immediately started with expungement if you have a DUI conviction and looking forward to clear your record. An expungement is a legal process of removing your DUI conviction record. It could be applied usually after a certain length of time period from your arrest, usually a year.

Having your Birmingham, Alabama DUI conviction expunged, your record never shows up when any government agencies, educational institutions or potential employers does a background check on your public record. However, for the purpose of severity of sentencing, the expunged record will be retained when you are again convicted for the same crime in future.

There are eligibility requirments for having a DUI expungement. These are the conditions for expungement of your Alabama DUI conviction:
-when certain length of time period has passed after your DUI conviction/arrest
-when there are no other pending cases
-when there are no other previous cases expunged
-when all the proceedings were dismissed
-when you are acquitted

It is very important to seek a criminal expungement lawyer. It would be of great help to you throughout the expungement process if you have a lawyer by your side. The lawyer knows exactly what to do in terms of critical situations that may otherwise lead to failure.

Expungement is the only way to clear your criminal record so get away with your DUI conviction record and lead a better life in future.

Reader’s Question:

My brother was recently charged for DUI here in Alabama. He’s in dire need of a lawyer who would defend him in his case. How can he hire the top DUI lawyer for his case? What are the qualities that he has to look for?

Sam

Birmingham, AL

A conviction for Alabama DUI can lead to a long-term employment problems, financial devastation and cataclysmic personal upheaval. A DUI arrest starts series of stressful and complex consequences for most people and the consequences of failing to fight these seemingly impossible cases can lead to scenarios no one would ever dream of. Therefore, it would not be a surprise that many people accused of DUI eagerly search for top trial attorneys who specialize in DUI cases.

A good DUI defense lawyer should be able to give your brother a thorough and honest assessment of his case. He/she can be able to explain the options available to your brother based not only on the current law, but also on potential legal changes that are in the judicial and legislative pipeline. New legal challenges are in the proceedings in the appellate courts, and only a DUI law specialist would know about these cutting-edge legal attacks and be able to structure your brother’s case and its pleadings to take advantage of such transitions in the Alabama DUI law.

There can never be a substitute for experience so make sure that the lawyer that your brother will be hiring has long been involved in an active DUI trial practice. This specialist often has additional specialized training and knowledgeable professional resources like private investigators and expert witnesses available to call upon. A general practitioner doesn’t have such resources available, since their practices are not focused on winning DUI cases. Good luck.