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 brother was recently charged for DUI here in Alabama. He’s in dire need of a lawyer who would defend him in his case. How can he hire the top DUI lawyer for his case? What are the qualities that he has to look for?

Sam

Birmingham, AL

A conviction for Alabama DUI can lead to a long-term employment problems, financial devastation and cataclysmic personal upheaval. A DUI arrest starts series of stressful and complex consequences for most people and the consequences of failing to fight these seemingly impossible cases can lead to scenarios no one would ever dream of. Therefore, it would not be a surprise that many people accused of DUI eagerly search for top trial attorneys who specialize in DUI cases.

A good DUI defense lawyer should be able to give your brother a thorough and honest assessment of his case. He/she can be able to explain the options available to your brother based not only on the current law, but also on potential legal changes that are in the judicial and legislative pipeline. New legal challenges are in the proceedings in the appellate courts, and only a DUI law specialist would know about these cutting-edge legal attacks and be able to structure your brother’s case and its pleadings to take advantage of such transitions in the Alabama DUI law.

There can never be a substitute for experience so make sure that the lawyer that your brother will be hiring has long been involved in an active DUI trial practice. This specialist often has additional specialized training and knowledgeable professional resources like private investigators and expert witnesses available to call upon. A general practitioner doesn’t have such resources available, since their practices are not focused on winning DUI cases. Good luck.

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