Reader’s Question:

My cousin refused the blood alcohol test when she was arrested for DUI in Montgomery, Alabama. What could she be facing right now and long would the DUI offense stay in her records?

Andy

Montgomery, AL

After your cousin has been arrested for DUI in Montgomery, Alabama, she will be facing two separate cases. The first case would be in the criminal courts and the second one would be administrative hearing with the Alabama Department of Public Safety. It would be crucial for her to contact a lawyer as soon after her arrest because she would only have just 10 days to request the Department of Public Safety hearing. If she fails to do this, she would put her privilege to drive at risk.

Since your cousin refused to submit to a breath, blood or urine test to see how much alcohol was in her system, she would automatically lose her license for at least 90 days. Unfortunately, she may not be allowed to apply for a restricted license. The blood alcohol test refusal can be used against her in court as well. Aside from the basic consequences of a DUI offense in Alabama, her DUI arrest would also cause her to lose her driver’s license. Depending on how many DUI convictions she has on her record, she would face driver’s license suspension of 90 days for first offense, one year for second offense, three years for third offense and five years for fourth offense. A DUI offense would stay on her driving records for five years.

Tags: blood alcohol test, driver’s license, DUI, DUI lawyer, DUI records

Reader’s Question:

I have a friend who has been recently charged with DUI here in Dothan, Alabama and according to the arresting officer, he smelled a strong odor of alcohol on my friend’s breath and on the vehicle that’s why he was cited for drunk driving. Does this strong odor of alcohol correlate with the actual blood alcohol level?

Belle

Dothan, AL

In a typical DUI arrest in Dothan, Alabama, it would be close to impossible that an officer would not say that he smelled an alcohol on the DUI suspect or on the vehicle. An officer would always mention that he smelled “a strong odor of alcohol on the suspect’s breath” that’s why he believes that the DUI suspect was drunk. But during the cross examination, the officer would look foolish when he would admit that alcohol (ethanol) itself has no odor. It’s the flavoring or the mixing agent that produces the odor we associate with alcohol. I understand that you may doubt this one but you can go to the market and buy a non-alcoholic beer and you would notice that it tastes and smells just like beer, but it doesn’t have alcohol.

Undoubtedly, studies show that the judgement of the police officer of how strong the person’s breath smells of alcohol simply has got nothing to do with his/her actual blood alcohol level. All that can be picked up from the “smell of alcohol on the breath” is that the DUI suspect probably consumed some alcohol recently. However, it doesn’t provide exact evidence that the person drank enough to have a blood alcohol content of .08 or higher or to be “under the influence.”

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My sister was charged with DUI here in Tanner-Williams, Alabama and of course, we are doing our best to help her. I have heard several times that the breath test in a DUI case is unreliable. How can we prove that this is true so that the evidence from it can be thrown out of court?

Elaine

Tanner-Williams, AL

Alabama DUI laws have rules and regulations regarding the breath test given to people suspected of DUI. The very critical point for the prosecution is to prove that these rules were followed. It would leave an open attack on the results on the grounds that the technical rules weren’t followed. There are so many lawyers who do not read the statute and regulations covering breath testing. Those who don’t know the rules don’t realize that violations of the regulations introduced into evidence could show that the results are unreliable. Moreover, showing the unreliability of the breath test could be used to exclude the breath test results altogether.

Your sister’s lawyer on her DUI case in Tanner-Williams, Alabama should take note that the officer was supposed to watch her for 20 minutes before giving the test to make sure that she didn’t burp, hiccup or puke. These things could actually skew the results of the breath test. Many courts have excluded the breath test results because of this violation even though the accused may not have actually burped, hiccupped or vomited.

Tags: breath test, DUI, DUI lawyer

Reader’s Question:

I don’t really understand how horizontal gaze nystagmus test can be an indication that a person had been drinking. What are the clues that officers in Tuscaloosa, Alabama look for when they conduct this test in a DUI suspect?

Dallin

Tuscaloosa, AL

Horizontal gaze nystagmus (HGN) is one of the standardized field sobriety tests (SFST’s) that police officers, including those in Tuscaloosa, Alabama, conduct during a DUI investigation. During the HGN test, the police officer holds a penlight about 12-15 inches in front of the DUI suspect’s eyes and asks him/her to follow the pen with the eyes without moving the head. Officers always start with the left eye and they look for three specific clues.

The first one would be the lack of smooth pursuit in which the officer would take note whether the eyes move smoothly or jerks when they move from side to side. There is actually a standardized pace the officer needs to have the eyes move side to side. The second clue would be the distinct nystagmus at maximum deviation in which the officer would take note if there is a distinct jerking of the eye when it moves as far to the side as possible and is kept in that position for several seconds. The last clue would be the onset of nystagmus prior to 45 degrees in which the officer observes if the eye starts to jerk before it reaches a 45-degree angle as it moves towards the side.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I know that some people who are arrested for DUI here in Huntsville, Alabama are being asked to take field sobriety tests to determine if they had been drinking. What are the possible defenses that can be used in a DUI case with regard to field sobriety tests?

Camren

Huntsville, AL

There are two kinds of field sobriety tests (FST’s) that police officers often ask a person who is suspected for DUI and these are the standardized and non-standardized FST’s. Standardized FST’s are set up by the National Highway Traffic and Safety Administration (NHTSA). If a driver is already stopped for a DUI suspicion in Huntsville, Alabama and was asked to take standardized FST’s, a good DUI defense lawyer could find ways to prove that standardized FST’s are inaccurate. A great example of this is that for healthy individuals, the walk-and-turn test is only 68% accurate and the one-leg stand test is only 65% accurate in determining if a person is under the influence. Those individuals with medical conditions and injuries, and those who are 50 pounds or greater overweight and 65 years or older cannot be validly judged by the FST’s.

On the other hand non-standardized field sobriety tests are invalid. The NHTSA and medical science do not consider saying the alphabet, counting backwards, or touching your finger to your nose as valid FST’s. These are the reasons why failing the FST’s are not entirely enough basis that the driver was really under the influence.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I often wonder how police officers commit mistake in a drunk driving arrest. Could you give me an example how a police officer’s mistake can work in my favor if I will be arrested for DUI here in Birmingham, Alabama?

Brock

Birmingham, AL

Many of us expect law enforcement officers to know and follow the law at all times. But just as we commit mistakes from time to time, so do police officers and luckily, their mistakes could often work in your favor if you will be arrested for DUI in Birmingham, Alabama. When a police officer who would handle your DUI case messes up some very important aspects of it, the ‘bad’ evidence obtained against you may be suppressed and can be thrown out of court.

This would be generally important because the prosecution is entirely dependent on the evidence that has been obtained in seeking a DUI conviction. One of the most common instances of police misconduct that could occur during a DUI arrest is that the police officer had no probable cause to arrest the motorist. The police officer would need a legal cause to arrest a driver and that is the evidence that he/she is driving under the influence. This would be a higher standard than ‘reasonable suspicion’ which is required to stop a vehicle. Police officers should explain facts that are sufficient to meet these various standards.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

Getting caught for drunk driving here in Hoover, Alabama made me feel so angry, ashamed and afraid of what’s gonna happen next. How could I fight this DUI and how could I make sure that I will be treated fairly?

Jadin

Hoover, AL

To make sure that you will be treated fairly on your DUI case in Hoover, Alabama, you will need a DUI attorney who would protect your rights and knows how to get results-positive results. I totally understand that you are feeling angry, ashamed, afraid and probably confused about what has happened and what’s gonna happen next. The whole process of the DUI arrest, being taken to jail, fingerprinted, and photographed was probably very demoralizing to you.

I have to be honest that you are faced with a charge that could have serious outcomes. I don’t wanna scare you but let me just give you a glimpse of what’s in store for you. You could lose your driver’s license if your DUI case goes wrong, you could also pay fines and other surcharges, your insurance may go up or probably be cancelled and you could even go to jail; and that does not end there. A DUI conviction could haunt you for so many years and it could even hurt you when you apply for a job in the future. So the way to fight this is to hire a DUI attorney who has a lot of experiences in defending DUI cases and has won many DUI cases as well.

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

Reader’s Question:

The arresting officer on my sister’s DUI case in Decatur, Alabama has a bad reputation and we believe that my sister was not treated fairly. Is there a way that she could use that as a defense?

Abraham

Decatur, AL

Pitchess motion in a DUI case would allow your sister to gain access to the arresting officer’s personnel file to determine if the officer has received any prior complaints about his conduct. Police officers actually have to follow very strict guidelines when obtaining evidence. If the officer has a history of misconduct, the officer’s personnel file can be used to show that it is likely that your sister was not properly treated. If that is the case, the evidence against her on her DUI arrest in Decatur, Alabama should be suppressed. Complaints that she can look for in an officer’s personnel file include excessive force, planting evidence, racial bias, false arrest, criminal conduct discrimination or harassment.

But remember that there should be a reason to file the motion. Something should have happened that led your sister and her DUI lawyer to believe that the officer’s past conduct should be called into question. The motion should provide a specific fact so the judge could decide if there is sufficient reason to look into the officer’s past.

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

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