Alabama DUI FAQ’s Part III

Posted by Steve Eversole | Oct 23, 2007 | 0 Comments

Part three of Alabama DUI frequently asked questions are contained below.  Remember, it doesn't matter if you have been charged with a DUI in Mountain Brook, Hoover, Homewood, Vestavia Hills, Pelham, Trussville, Fultondale, Gardendale, Hueytown, Huntsville, Montgomery, Tuscaloosa, Mobile, Cullman, Decatur, Florence or Bessemer.  Our Alabama DUI defense lawyers regularly represent clients all across the state.  These Alabama DUI FAQ's are questions I receive repeatedly from clients throughout the great state of Alabama:

  1. Can I have my record expunged after an Alabama DUI conviction?  Unfortunately no.  If you are convicted for an Alabama DUI, that conviction will always appear on your record. The only exception being for youthful offenders.  If the court grants you youthful offender status, that record is sealed and cannot be used against you for sentencing enhancing purposes. 
  2. Can you win an Alabama DUI case?  Resoundingly, yes!  You can win an Alabama DUI case in many situations.  Even DUI defendant's are presumed innocent ,until proven guilty, by a jury of their peers, and beyond a reasonable doubt.  This is true despite the best efforts of the MADD Mothers Against Drunk Driving and your Alabama State representatives.  Any talented Alabama DUI defense attorney will tell you the police make mistakes in almost every case.  The trick is to find these mistakes and use them to your advantage.  Many times a case can be thrown out by the judge or dismissed on the prosecutions motion before trial.  It is your Constitutional Right to make the State prove its Alabama DUI case.  Many times, with a lawyer who focuses his practice on Alabama DUI defense, the State's case becomes very hard to prove indeed. 
  3. Why do I need an Alabama DUI lawyer and attorney?  You need an Alabama DUI lawyer who focuses his practice on Alabama DUI defense.  It is that simple.  Some lawyers only practice Alabama DUI and Criminal Defense.  Other Alabama lawyers practice Real Estate Law.  Which one do you want working on your DUI case?  To put it another way, if you have a gallbladder problem, you don't go to a podiatrist. 
  4. How do I "beat" and Alabama DUI charge?  As I mention above, there are many ways to "beat" a DUI conviction, even if you blow over the legal limit.   An experienced Alabama DUI lawyer will look at multiple methods to attack the charge.  First, the DUI lawyer should look at the stop itself.  A police officer must have at least reasonable suspicion to make a stop on the highway.  A good DUI lawyer will look at all the circumstances surrounding the stop of your vehicle, and make sure all State and Constitutional Laws regarding search and seizure have been followed.  If you performed a standardized field sobriety test, that test should be scrutinized for mistakes by the officer, and if you have taken a Breathalyzer then that machine and its operation must be analyzed completely.  From lack of probable cause to make an arrest,or reasonable suspicion to make a stop, the police not conforming with all the rules regarding breath tests or performing field sobriety tests inaccurately, there are many ways to "beat" an Alabama DUI charge. 
  5. What happens if I refuse a breath test?  If you are driving on a public highway and you refuse a breath test, your license will be suspended for ninety days and your refusal to submit to a breath test can be used against you in court.  Many times it is possible to take administrative legal action to regain your license and there are many legal reasons why someone would not want to blow into a breathalyzer.  Furthermore, even if the 90 day license suspension is maintained, that suspension is much better than a DUI conviction.  I would never take a breath test, especially without my attorney present.  That being said, even if you blow well above the legal limit, there are many ways to fight your Alabama DUI charge. 

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...


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