Disclaimer: The following FAQ are intended for informational purpose only and under no circumstances should they be taken as legal advise. Even though your situation might be similar to a statement addressed below, it has unique issues that might greatly effect the representation of your case.

I NEED MY LICENSE AND IT WAS SUSPENDED – CAN ANYTHING BE DONE ABOUT MY LICENSE SUSPENSION?

• YES! Call us at 256-539-4464.

I BLEW OVER 0.08 – AM I AUTOMATICALLY GUILTY OF DUI?

• Absolutely Not!
• There are many ways to defeat a DUI. In fact, we prevail on a high percentage of our DUIs even with breath test results as high as .13 and .14. We do not consider this to be unusual at all.
• While it must be remembered that each and every case stands on it’s own set of facts a breath test result over 0.08 does not, automatically, make you guilty of DUI. Call us to see how we can help (256-539-4464).

WHAT IS THE HIGHEST BREATH TEST RESULT THAT YOU SUCCESSFULLY DEFENDED?

• 0.31 (4 times the legal limit of 0.08.)
• Summer of 2001

HOW CAN YOU DEFEND SOMEONE WHO IS CHARGED WITH DRUNK DRIVING – AND WIN?

• FIRST, It’s NOT AGAINST THE LAW TO DRINK AND DRIVE IN ALABAMA!
• It is only against the law to drive if you have consumed so much alcohol that you are impaired to such a degree that you are unable to safely operate a motor vehicle. Many people drink within the limits of the law and simply are not impaired – even if their breath test results exceed the “legal limit” of 0.08.
• While we cannot guarantee a victory we can say that there are many different ways to attack a DUI charge. In many instances the prosecutor simply has too many hurdles to overcome in order to sustain a conviction.

WHAT ARE FIELD SOBRIETY TESTS?

• Field sobriety tests are what is referred to as “divided attention” tests – that is, they are tests which requires the subject to concentrate on both mental and physical tasks at the same time.
• Officers are trained to compare the actual results of the test to expected results and make a determination of “impairment”
• There are only three tests that are scientifically reliable (and their reliability is questionable):

1. Walk and Turn – 68% reliable (means that the officer is wrong 1 out of 3 times)
2. One Leg Stand – 65% reliable (same)
3. Horizontal Gaze Nystagmus (pen light test) – Generally the officer is not allowed to testify as to these results in court

• One other field sobriety test is the portable breath test device that is used to test your breath “on the scene” – this test result is not admissible in court due to the fact that it is not deemed to be scientifically reliable.

AM I REQUIRED TO TAKE FIELD SOBRIETY TESTS?

• No! There is no law that requires you to submit to these tests. The implied consent law applies to the submission to breath testing and does not apply to field sobriety tests. Therefore, you are not required by law to submit to field sobriety testing.

WHAT IS A BLOOD ALCOHOL LEVEL?

• A blood alcohol level is that amount or concentration of alcohol that is in your blood at the time of the test.
• The best way to determine the accurate concentration of alcohol in your blood is with a blood test – which, of course, must be done properly.
• The way arresting officers measure your “blood” alcohol concentration is by measuring the concentration of alcohol in a portion of your breath. The result of this test is converted to a number that is “deemed” to be you blood alcohol concentration.

AM I REQUIRED TO SUBMIT TO A BREATH TEST?

• Yes and No!
  
• The Alabama Code says that “any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent, …, to a chemical test or tests of his blood, breath or urine for the purposes of determining the alcoholic content of his blood if lawfully arrested ….”
• In other words, The implied consent law in Alabama requires you to submit to a breath test when directed you to do so IF you were driving on a public road and the officer has arrested you for DUI. This is the price we all pay for using the public roadways and sharing those roads with others.
• If you are arrested on private property, and the officer did not see you driving on a public roadway, then the implied consent law does not apply.

WHAT IF I REFUSE TO SUBMIT TO BREATH TESTING?

• Your license will be suspended for a minimum of 90 days absent legal action on your part.
• The fact that you refused may be used against you in the court of law in a trial for the charge of DUI.
  

ARE MIRANDA WARNINGS REQUIRED IN A DUI ARREST?

• Not necessarily.
• Under the implied consent law we are deemed to have given our “consent” to submit to breath tests if we use the public roads – thus “implied consent”. There are certain situations where Miranda may apply (that would depend totally on the facts of the case) but in the overwhelming majority of DUI arrests Miranda is not even a point of argument for the lawyer handling the case.

WHAT ARE THE PENALTIES FOR DUI?

• 1st Offense:
  FINE: $600.00 - $2,100.00
  JAIL: Up to 1 year
  Driver’s License suspended for 90 days
  
• 2nd Offense:
  FINE: $1,100.00 - $5,100.00
  JAIL: Up to 1 year with a minimum, mandatory, 5 days to serve in jail that is not subject to probation
  Driver’s License revoked for 1 year if second conviction within 5 years
  
• 3rd Offense:
  FINE: $2,100.00 - $10,100.00
  JAIL: Up to 1 year with a minimum, mandatory, 60 days to serve in jail that is not subject to probation
  Driver’s License revoked for 3 years
  
• 4rth Offense:
  FINE: $4,100.00 - $10,100.00
  JAIL: 1 year and 1 day up to 10 years (felony)
  Driver’s License revoked for 5 years
  
  
• Additionally, any person convicted of DUI:

1. Shall be referred to a court referral officer for evaluation and referral to appropriate community resources.
2. The Defendant shall, at a minimum, be required to 1) complete a DUI or substance abuse court referral program.
3. High risk insurance and a substantial increase in cost.

WHAT WILL IT COST TO DEFEND A DUI?

• The cost – legal fees - can vary dramatically depending upon a number of factors.
• However, you can expect to spend:
  - Minimum of $500.00
  - Maximum of $10,000.00 - $15,000.00
  - Average between $2,500.00 and $5,000.00 (+ expenses)
  

"Prior success is not an indication of future success. Every case is different, and regardless of what friends, family, or other individuals may say about a case, each case must be evaluated on its own facts and circumstances as they apply to the law. The likelihood of success in any given case depends on the facts, the jurisdiction, the venue, the witnesses, the partis, and the testimony, among other factors. Furthermore, no representation is made that the quality of the legal services to be performed is greater that the quality of legal services performed by other lawyers."

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