My father got arrested for DUI here in 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 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.

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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.

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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.

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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

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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.

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I have a DUI charge in 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 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 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 a DUI lawyer as soon as possible after the arrest.

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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.

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A friend of mine was charged with DUI here in Alabama and she was never advised by the arresting officer with a Miranda warning. Can she have her case dismissed?

Jane

Birmingham, AL

Thanks for asking, Jane.

If your friend was arrested for DUI in Alabama and she was not advised by the police officer of her Miranda rights, I’m sorry to tell you but your friend’s case cannot be dismissed for this reason. The officers are under obligation to advise her of the 5th Amendment after the arrest has taken place. However, in some cases, they do not fulfill this requirement. If this happens, the prosecution will be unable to use any of your statements after the arrest as evidence in the case.

Another unfortunate, but common, situation occurs when the police officer does not inform her of her rights with chemical testing. Alabama has an “implied consent” that addresses her legal obligations to consent to chemical testing and the consequences if she refuses. This is a particularly important regulation for her to be aware of as it can potentially affect the suspension of her driver’s license.

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