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DUI FAQ's

1. What do police officers look for when searching for drunk drivers on the highway?
2. I don’t believe I was stopped for a legal reason. Can I challenge the officer’s actions in court?
3. The officer did not read me my “rights” when I was arrested. Can my case be dismissed because the officer did not read me my rights?
4. I’m simply going to plead guilty, why do I need a DUI lawyer?
5. If I am convicted of DUI, will I be sentenced to jail?
6. How can I verify the attorney’s credentials?
7. What if I am an out of state driver?
8. I blew over 0.08 – Am I automatically guilty of DUI?
9. How can you defend someone who is charged with drunk driving – and WIN?
10. What are Field Sobriety Tests?
11. Am I required to take Field Sobriety Tests?
12. What is a Blood Alcohol Level?
13. Am I required to submit to a Breath Test?
14. What if I refuse to submit to breath testing?
15. Are Miranda Warnings required in a DUI arrest?
16. What are the Alabama DUI penalties?

What do police officers look for when searching for drunk drivers on the highway?

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Association:

• Turning with a wide radius
• Straddling center of lane marker
• “Appearing to be drunk”
• Almost striking object or vehicle
• Weaving
• Driving on other than designated highway
• Swerving
• Speed more than 10 mph below limit
• Stopping without cause in traffic lane
• Following too closely
• Drifting
• Tires on center or lane marker
• Braking erratically
• Driving into opposite or crossing traffic
• Signaling inconsistent with driving actions
• Slow response to traffic signals
• Stopping inappropriately (other than in lane)
• Turning abruptly or illegally
• Accelerating or decelerating rapidly
• Headlights off

I don’t believe I was stopped for a legal reason. Can I challenge the officer’s actions in court?

This is a fundamental question that must be addressed in every DUI case. Under the Constitution and laws of the United States and the state of Alabama, a law enforcement officer must have some legal basis to stop you, demand your driver license or identification, and hold you for investigation. Only an experienced and well-trained criminal defense lawyer will understand this highly technical and complex area of the law and be able to effectively represent you. Not all reasons offered by law enforcement officers are legal. In fact, in many instances, officers have no legal basis basis at all to ‘blue light’ a car and order the motorist to stop. A trained and experienced Alabama criminal defense attorney will be needed to examine the different aspects of your case and defend your legal rights aggressively.

The officer did not read me my “rights” when I was arrested. Can my case be dismissed because the officer did not read me my rights?

No. There is no requirement under the Constitution or under Alabama law for law enforcement officers to automatically read a defendant in police custody their “rights.” Only if the police officer engages in direct questioning of the facts of the case once the defendant is placed in custody are the Miranda warnings required. If the court should find a Miranda violation has taken place, only the confession or admission given is suppressed (kept out of evidence); the case itself will proceed to trial.

I’m simply going to plead guilty, why do I need a DUI lawyer?

The #1 all-time mistake is to simply plead guilty to a DUI arrest. Without an experienced and skilled DUI lawyer to assist you, you are giving up all rights to representation in the court and you are accepting whatever happens to you. This is a serious mistake which will later reflect adversely on credit ratings, job opportunities, ability to travel, own an auto, get an education, obtain a professional license, purchase auto insurance, and many other ways you may not be immediately aware. A DUI conviction will remain on your driver record for a minimum of five years. During this time, if you apply for a job that requires driving a company vehicle or requires a personal history statement, or for any other reason a background check is undertaken, a DUI conviction will almost surely restrict or even prohibit future employment opportunities. A qualified DUI defense attorney is essential to provide the effective representation you need.

If I am convicted of DUI, will I be sentenced to jail?

Ordinarily, on first offense, an active jail sentence is generally not imposed. However, every court has the authority to impose an active jail sentence, even on first conviction. As a general rule, the court will impose a suspended jail sentence on first offense as a mechanism to require completion of the court referral program and payment of fines. If the fine and court costs are not paid when specified, the court is authorized to revoke the suspended sentence for non-payment. Under the Code of Alabama, probation for a misdemeanor remains in effect for two years, unless a shorter period of time is specified by the court. If the motorist receives a second DUI arrest while on probation from the first offense, the court can revoke the suspended sentence and order the person incarcerated. The time spent incarcerated for probation violation will not be counted as “credit” towards a second or subsequent conviction.

How can I verify the attorney’s credentials?

You can check the practice areas of listed attorneys on Martindale-Hubbell’s listing of lawyers in the United States. This publication is generally available in public libraries and county law libraries. However, many listed attorneys only show the college and law school attended and date of admission to the state bar. If you have access to the internet, a good place to check the professional credentials of an attorney is: www.martindale.com.

What if I am an out of state driver?

Be advised that 45 states and the District of Columbia participate in the Driver’s License Compact Act, meaning that an Alabama DUI conviction will be reported to your home state which will generally take action to suspend your driver license based on the conviction entered by an Alabama court. Consequently, even if you hold an out of state driver license, it’s imperative that you contact a local Alabama DUI attorney to represent you in this very important matter.

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.

How can you defend someone who is charged with drunk driving – and WIN?

1. FIRST, It’s NOT AGAINST THE LAW TO DRINK AND DRIVE IN ALABAMA!
2. 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.
3. 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?

1. 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.
2. Officers are trained to compare the actual results of the test to expected results and make a determination of “impairment”.
3. The portable breath test device that is used to test your breath on the scene is not a admissible in court due to the fact that it is not deemed to be scientifically reliable.
4. There are only three tests that are scientifically reliable (and their reliability is questionable):
   
   1. Walk and Turn – 68% reliable
   2. One Leg Stand – 65% reliable
   3. Horizontal Gaze Nystagmus (pen light test) – Generally the officer is not allowed to testify as to these results in court

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?

1. A blood alcohol level is that amount or concentration of alcohol that is in your blood at the time of the test.
2. 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.
3. 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?

1. Yes and No!
2. 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 ….”
3. 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 lawfully arrested you for DUI. This is the price we all pay for using the public roadways and sharing those roads with others.
4. 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 Alabama DUI penalties?

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

4th 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.

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