Reader’s Question:

I often notice many vehicles that are swerving when I drive here in Tuscaloosa, Alabama. I was told that this can be a driving cue for an impaired driver. What are the other DUI cues that police officers often look after in determining drunk drivers?

Lainey

Tuscaloosa, AL

Let’s take a look first at the example of a DUI cue that you have mentioned which is swerving. You might observe that a vehicle to swerve which makes an abrupt turn away from a generally straight course, when a driver realizes that he or she has drifted out of proper lane position, or to avoid a previously-unnoticed hazard.

One other related DUI cue is almost striking a vehicle or other object. You may observe a vehicle, either at slow speeds or moving with traffic, to pass unusually close to a sign, building, barrier or other object. This DUI cue also includes almost striking another vehicle, either parked or moving, and causing another vehicle to maneuver to avoid a collision. Another DUI cue is turning a wide radius or drifting during a curve. A vehicle would appear to be drifting to the outside of the lane, or into another lane, through the curve or while turning a corner. Watch out for this DUI cue and please stop the driver when you see it in Tuscaloosa, Alabama. A lot of alcohol-related crashes are caused by an expanding turn radius, or drifting out of lane position during a curve.

Tags: DUI, DUI lawyer

Reader’s Question:

My father got arrested for DUI here in Birmingham, Alabama and we are in the process of getting a lawyer? What are the disadvantages of getting a public defender to help my father in his DUI case?

Horace

Birmingham, AL

There could be serious disadvantages in having a public defender in your father’s DUI case in Birmingham, Alabama. First is that you may not qualify financially for the services of a public defender. Another disadvantage is that you can’t choose the public defender because one would be assigned to your father’s DUI case. If the two of them don’t click, the court would rarely allow your father to select a different one. One other thing is that a public defender would not handle the DMV part of your father’s DUI case. This is very important because fighting the DMV part of his DUI case is inextricably tied to fighting the criminal part.

Lastly and probably most importantly, public defenders could rarely devote the sort of time, energy and resources to working up your father’s DUI case that a good private lawyer could. Well, not that the public defender would not like to but the reality is, they have so many cases, pressures and responsibilities that this sort of devotion to any particular DUI case is not a luxury they could afford.

Tags: DMV, DUI, DUI lawyer

Reader’s Question:

What are the basic penalties for a DUI conviction here in Hoover, Alabama and what instances could make the sentence harsher?

Rob

Hoover, AL

For a first-time DUI offense in Hoover, Alabama, a driver may end up with fines, possible jail time or community service, driver’s license suspension under the DUI laws. The DUI offender may also be asked to compulsorily attend an alcohol education program to avoid further DUI occurrences. In the case of a repeat DUI offender, jail time and hefty fines are ensured. It would also be mandatory to participate in the alcohol abuse program and this time, it would be longer. Furthermore, the driver’s license would also be suspended or revoked and the vehicle would be impounded.

There are also some other things that could make the punishment even harsher. These things include speeding while driving under the influence, if there was a child in the car, a refusal to comply with the tests when asked, accident, injury, damage and loss of life. The higher the blood alcohol content, the greater the penalty under the DUI laws. If the offender is underage and has prior DUI convictions, it could also lead to immense problems.

Tags: blood alcohol content, drunk driving laws, DUI, DUI conviction, DUI lawyer

Reader’s Question:

I have always been curious about DUI and its connection with the Miranda rights during an arrest or DUI investigation. If I’m stopped for DUI in Mobile, Alabama, how can the police be obligated to read or mention the Miranda Rights to me? Also, could you give me an example of an inconsistency of the police in DUI cases?

Mel

Mobile, AL

As always, the best policy would still be not to drive after consuming alcoholic beverage. If you’re asked to stop for DUI in Mobile, Alabama, stop as soon as possible and just be polite with the police officer. After all, you wouldn’t want any other charge than the main reason for the traffic stop. Regarding your question on the Miranda Rights, police officers are actually under no compulsion to read out the Miranda rights to you during roadside questioning. This means that in a DUI investigation, unless you are already under arrest, police officers are not obligated to read or mention to you your Miranda Rights.

A successful DUI defense could sometimes be made by exploiting lacunae in the arrest procedure or contradictions in the state’s case. Let me now give you an example of an inconsistency of the police in DUI cases, particularly during an arrest. Most of the patrol vehicles that police officers use are fitted with video camera. The police officer may not always refer to the video while making his report about the DUI investigation. This could lead to inconsistencies, which, of course, could be to the defendant’s benefit.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

My brother was arrested for DUI in Decatur, Alabama and I understand that the officer had to make sure that my brother understood his right about the breath test. What possible defense could be used with regard to the breath test?

Ben
Decatur, AL

First of all, in a DUI investigation when it comes to breath test, the officer would ask the person suspected for DUI to take the breath test. If the DUI suspect refuses, the officer would then tell the DUI suspect the consequences that he/she might have for refusing to take the breath test. If the person refused to take the breath test, the possible defense that could be used is to force the officer to prove that there was actually sufficient evidence to ask the person to take a breath test. If the person took the breath test, a good DUI lawyer could force the officer to demonstrate that the DUI suspect understood his/her rights concerning the breath test.

In the DUI trial, for example, on your brother’s DUI case in Decatur, Alabama, it would be difficult to prove that the DUI suspect understood his/her rights because on one hand, the person was arrested being impaired by alcohol. And on the other hand, the person was supposed to be sober and coherent enough to fully understand his/her rights.

Tags: breath test, DUI, DUI lawyer

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