DUI Lawyer

DUI Attorney serving the Birmingham, Jefferson County, Shelby County and surrounding counties in Alabama

Drinking and driving is a serious criminal offense. It doesn’t take much to be over the legal limit of .08% BAC. (Blood Alcohol Concentration) Statistics show that two alcohol drinks consumed within an hour will put you over the limit! There are numerous defenses to a DUI charge. First the police officer must have probable cause to pull you over. Usually, though, the police have been well “schooled” in case law and what the courts have defined as probable cause. This can range from crossing the center line, weaving, following to close and a host of other observations the policeman will sometimes “make up.” Once the traffic stop is made the officer will conduct field sobriety test to determine if you have been drinking. The officer will observe you walking a straight line, finger to nose with eyes closed and make you say phrases backwards and actions that a lot of sober people can’t perform. The testimony of the officer can be attacked by cross-examination and discrepancies in the incident report itself. The officer usually exaggerates the report stating (whether true or not) “smell of alcohol,” “slurred speech,” “redness of eyes,” “unsteady gait,” and other phrases indicating possible intoxication.

The officer will conduct a breathalyzer test to determine the amount of alcohol in your system. The State of Alabama automatically will suspend your license for refusing a breath test. They suspend it anyway if arrested for a DUI, you just get a little more time to drive! There is a way to avoid suspension by filing a lawsuit or requesting a Hearing. These have to be done within ten (10) days of arrest.

The breathalyzer analysis can be attacked on numerous levels. One is by making the officer prove that the machine was properly maintained and calibrated. Or that the test was not properly administered. You need to call John now to minimize the impact of a DUI charge and the penalties of a conviction. John has the experience and knowledge of the law that you need on your side. Call now 205-745-7053