My brother said that he would appeal for his DUI case here in Tuscaloosa, Alabama? How would he do that and does that mean that there would have a retrial?

Kaitlin

Tuscaloosa, AL

Maybe your brother wants to remove his DUI conviction in Tuscaloosa, Alabama from his record or maybe contest for a lesser sentence that’s why he wants to appeal for his case. That doesn’t mean a retrial but like a sheer re-examination of the proceedings to make sure that the trial was carried out properly. To appeal for his DUI, he would have to hire a DUI lawyer with a good reputation. Then he may speak with the judge who presided on the DUI case to seek for a new trial. This would be very unlikely but it’s the start of the appeal process.

Your brother should also have to file for the appeal quickly. Depending on the state law, he may have 10 to 30 days to file for a notice of appeal. But remember that if he has taken a plea bargain, he may have waived any rights for an appeal if the case did not go to trial. Make sure that his lawyer is on top of his case by obtaining copies of all briefs and forms filed with the court. Whatever the result of his appeal, he has to think about working with a group such as the National Council on Alcoholism.

There are no posts related to Appealing Your DUI Case in Alabama?.

I got a DUI conviction here in Decatur, Alabama that, of course, I’d rather forget. I need to get car insurance after my old policy has been canceled, what will it take to have car insurance after my DUI charge?

Hernan

Decatur, AL

I understand that you’d like to put everything behind you after your DUI conviction in Decatur, Alabama. If you do not have car insurance in the first place, there are actually no laws regulating the premiums charged to drivers convicted for DUI. If you have a DUI lawyer to fight your DUI case, you may reduce your charge in a plea bargain or even limit how long your driver’s license is suspended. If the license suspension period is short, the car insurance company would probably not know it. If you succeed through a DUI lawyer in an appeal at a later date, you can call up your car insurance company and demand being reinstated at old rates.

You can take courses in addition to those that are required after a DUI which would give you a more responsible image to car insurance companies. After a DUI case, showing your improved attitude towards safety is the only way to get on top of your car insurance worries. You also have to get quotes from multiple insurance companies and choose the one that would quickly get you the SR22 form or the so-called proof of insurance. I’m sure you’d be able to get the car insurance that you need with SR22 insurance from this website so get an online rate quote now.

There are no posts related to Car Insurance After DUI Conviction in Alabama.

I was told that my auto insurance company can cancel my policy once they find out I have a suspended driver’s license because of a DUI citation here in Montgomery, Alabama. Will they give me a notification or will they cancel it right away?

Valentin

Montgomery, AL

Most of the auto insurance companies could cancel a policy at any time if you have committed one of the “canceled offense,” and one of which is losing your driving privileges due to driver’s license suspension. Having a suspended driver’s license because of your DUI citation in Montgomery, Alabama is a ground for the termination of your auto insurance policy. Your auto insurer can’t just cancel your policy once they find out about your DUI case. They would have to give you a written notice for the cancellation of your auto insurance policy.

State laws vary on the number of days that the auto insurance company should provide notice before the cancellation takes effect, but you can expect that your auto insurer would give you between 10 and 30 days notice. In the notice, the auto insurance company should tell you why it has decided to cancel your auto insurance policy. Now, if having a new insurer is your problem, that can be solved if you get an online rate quote from this website and get great deals for auto insurance in Alabama.

There are no posts related to Alabama Auto Insurance After DUI .

I don’t understand why my sister is worried about her drunk driving case here in Alabama. Isn’t it that DUI is just an ordinary traffic offense?

Jordana

Huntsville, AL

You should never take a DUI charge as an ordinary traffic offense because a DUI case is a criminal offense and Alabama DUI laws are surprisingly complicated, strict and serious than ever. Being charged with DUI is very stressful especially now that the stakes are high and the cases move very fast. A DUI conviction would result in very harsh punishments so it will never be worth it to drink and drive and be charged with DUI.

Your sister has every reason to be worried about her DUI case in Huntsville, Alabama so she need not waste time. She has to go and find a very experienced DUI lawyer who will defend her in her DUI case. The DUI lawyer should aggressively defend her very serious traffic offense. If she gets convicted for DUI, the effect will be lasting and negative and it will leave a permanent stain on her record. It could also affect her job or restrict her job opportunities; she may have difficulty in obtaining a credit or attend college or graduate school. Furthermore, she may find it hard to restore a sense of normalcy to her life after a criminal case like DUI.

There are no posts related to Need Help With Your Drunk Driving Case in Alabama?.

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.

There are no posts related to DUI Lawyer in Alabama .

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.

There are no posts related to DUI Law - Breath Test Refusal Alabama .

My sister was charged with DUI here in 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 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.

There are no posts related to Beating A DUI Breath Test in Alabama.

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

There are no posts related to DUI Defenses in Alabama - Ways To Beat a DUI Charge?.

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 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 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.

There are no posts related to Alabama Drunk Driving Arrest - Police Mistakes?.

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 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.

There are no posts related to Alabama DUI Attorney .