I think a friend of mine here in Mobile, Alabama has a drinking problem and it could also turn out to be a drinking and driving problem because he usually drives after having some drinks. Nobody wants him to get a DUI charge, so how do you think can I make him not drive after consuming alcohol?

Danika

Mobile, AL

First of all, if your try to talk to your friend whom you think has a drinking and driving problem, keep things light and avoid arguments and accusations. You can use humor so that you can get your hands on the car keys. This would definitely keep the situation from turning ugly. You might want to sneak the keys away and if all else fails, just take the keys when your friend is not looking. He would probably just think the keys were lost and eventually give up looking.

You may also suggest your friend to attend a treatment program if his drunken driving is already a part of the pattern. The American Council on Alcoholism does offer programs across the US. You should do this when you are both sober, and remember to be a good listener if your friend wants to discuss the problem. Also, if both of you are sober and talk about the problem, you can remind him that if he gets caught drunk driving and be charged with DUI in Alabama, he will be facing a serious charge. A DUI conviction would have harsh legal ramifications and can affect a lot of aspects in his life like being barred entry in some countries, losing job or future job opportunities and having an increased premium rates on auto insurance for so many years.

My boyfriend drove my automobile and he got convicted of a DUI. How is this going to affect my car insurance rates in Hoover, AL?

Amelie

Hoover, AL

Typically, if a violation is written to a driver only and not against the automobile, it is the driver’s record that will be affected. If this is the case and your boyfriend got convicted of Driving Under The Influence or DUI in his name only then usually it would be his driving license and automobile insurance rates that would be affected by this citation and not your auto insurance rate in  Alabama.

Many states have harsh laws against driving under the influence (DUI) of either drugs or alcohol. A court conviction of a person operating while intoxicated, OWI, includes penalties such as course or seminars for drinking drivers and substance abuse evaluation and or treatment and 48 hour jail sentence for a first offense. This is drunk driving conviction may also come with a fine of up of to $1000.

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.

The people I talk to who have been arrested for DUI here in 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  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 gravel 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.

We’re planning a small party here in  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.

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.