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Driving Under the Influence Charge - DUI

Some people believe that just because they were accused of a crime means they are guilty of a crime. However, our country's justice system presumes us innocent until proven guilty. Without proper representation, people believe their only option is to plead guilty when they walk into a court. Sadly, courts are not set up to advise people of their rights, and therefore it is important for a person accused of a DUI to consult with a DUI defense lawyer to learn about the possible defenses and rights they have in defending their case.

Most of the evidence used to criminally prosecute DUIs come from the arresting officer. The arresting officer will typically testify to the following:

› Observation of your driving (weaving, speeding, improper turn, etc)

› An accident, if any

› Your appearance and whether you seemed intoxicated or smelled like alcohol 

› Performance on field sobriety tests

› The blood alcohol test administered if any

› Officer's opinion about whether you were drunk

If you have decided to defend the DUI charge all aspects of the “police evidence” presented against you at trial must be challenged.

Did the officer have a justifiable reason to stop you? Was there an accident? What did the officer say to you after the stop? If you were arrested, were you read your rights?

Why did the officer ask you to exit your car? Did the officer accurately administer the field sobriety tests?

When were you arrested? What were the surroundings in the area you were asked to perform the field sobriety tests? Was a breathalyzer exam administered to you on the roadside? When? What did the officer document about your appearance? Did the officer rely on these observations to place you under arrest for DUI? When did the officer decide to arrest you? Was it before or after the field sobriety tests? Was it before or after the breathalyzer exam?

How about the Blood Alcohol Test? Which test were you offered? Where was it offered? How long had you been in arrested when the test was offered?

Were you read the proper implied consent warning before agreeing to a breathalyzer exam? Did you refuse? If the Officer documented that you refused, was that actually the case?

Were all the rules followed in administering the test? If the breathalyzer was administered to you, was the operator certified? If a blood test was administered by a doctor or nurse? Was the blood test reliable and was your blood properly stored. 

There are some, but not all, of the issues that need be examined.  

Let’s Talk

If you’ve been arrested for driving under the influence in Alabama, it’s a good idea to talk to a DUI lawyer. DUI law is more complicated than it sounds and the facts of each case are different. As a  qualified DUI attorney, I can tell you how the law applies to your case and help you decide on the best course of action.