Category Archives: DUI

Facts About DUI in Alabama

photo of a police officer giving a breathalyzer

The law in Alabama regarding DUI is harsh. In its simple terms, a person who consumes alcohol and then drives a motor vehicle has committed the crime of DUI. However, the Alabama law restricting DUI goes farther than that.

The law states as follows:

“A person shall not drive or be in actual physical control of any vehicle while:

  • There is 0.08% or more by weight of alcohol in his or her blood;
  • Under the influence of alcohol;
  • Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
  • Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving;  or
  • Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.”

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Infographic: 10 Reasons to Hire a DUI Attorney

It’s that time of year again when motorists will be celebrating Memorial Day. This usually consists of good food, music, and the occasional alcoholic beverage. However, this also happens to be the time of year where law enforcement takes a more aggressive stance on DUI enforcement.

Our infographic gives you the top 10 reasons to hire a DUI attorney.

Let’s honor our veterans but stay safe out there!

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Infographic: 10 Reasons to Hire a DUI Attorney

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What to Expect at a New Years Eve DUI Checkpoint

It is that time of year again where motorists will be ringing in the new year. This usually consists of good food, music, and the occasional alcoholic beverage. It is this time of year where law enforcement takes a more aggressive stance on DUI enforcement. Checkpoints are one manner by which law enforcement handles the enforcement of DUIs. Below you will find what you can expect during a DUI checkpoint.

When an officer first makes contact with a motorist who is stopped at a DUI checkpoint, the officer will be looking for physical manifestations of intoxication. These manifestations include slurred speech, glassy/bloodshot eyes, an odor of alcoholic beverage, inability to follow instructions or any other signs the officer deems a symptom of intoxication. One of the major other signs the officer will be looking for is whether the motorist is being belligerent or combative.

One of the simplest ways to … Read More

Crimson Tide Football Player Arrested for DUI

A vehicle collision early on the morning of July 13th led to the arrest of a defensive lineman on the University of Alabama football team. Police witnessed Jarran Kentel Reed, 21, backing his 2011 White Dodge Charger into another car at the City Fest Parking lot in Tuscaloosa.  Reed attempted to flee the scene of the accident before a police officer was able to make contact and order the vehicle to be stopped.  Officers noted a strong odor of alcohol coming from inside the vehicle and immediately administered a standardized field sobriety test.  Reed’s blood alcohol content was found to be 0.13%, which is above the legal limit of .08%.

Reed was arrested for driving under the influence and transported to the Tuscaloosa County Jail where he was being held on a $1,000 unsecured bond. He becomes the second Alabama football player to be arrested in the last … Read More

All-Offender Ignition Interlock Legislation Officially in Effect

A new law that is designed to make it easier for judges to require DUI offenders to install ignition interlock devices in their vehicles, officially went into effect for the State of Alabama on July 1st. The changes will now allow judges to force first time convicted DUI offenders to install an ignition interlock device for at least six months if their blood alcohol content is higher than .08 percent.  The installation of this device will allow a driver to avoid having their driver’s license suspended.  In April, Alabama became the 21st state to pass this version of the law

Senator Bill Holtzclaw and Representative Allen Farley have been applauded for their leadership in authoring this piece of legislation, HB 381/SB 319.

Alabama was the final state to enact an ignition interlock law in 2011.  The previous legislation was set-up to require ignition interlocks for all … Read More

High School Football Coach Charged with DUI

Joey Kirby, the head football coach at Section High School, was arrested around 1:00 a.m. on Wednesday morning and now faces charges that include reckless driving, having an open container of alcohol, illegal possession of an alcoholic beverage, and driving under the influence.  Troopers are still investigating and say subsequent charges remain pending.

An Alabama State Trooper stopped Kirby in the Rosalie community after he was clocked traveling 91 miles per hours in a 55 mile per hour zone on Alabama Highway 71.  State Troopers found him to be in possession of an open alcohol container and took him into custody after Kirby refused a field sobriety test.

According to Superintendent Kenneth Harding, this is the first infraction he’s had with Kirby since he was hired by the school system nine years ago.  “He made a poor choice, made a bad decision,” said Harding. “I’m sure he regrets … Read More

New DUI Legislation Cleared by the Alabama State Senate

According to the most recent data provided by the Alabama Department of Transportation, there were 899 traffic fatalities in the state during 2011.  Drivers who were impaired by alcohol accounted for 220 of those fatalities and there were also nearly 7,000 separate incidents of driving under the influence reported. Numbers like these typically result in Alabama ranking higher in traffic fatality rates than other states.

In 2011 the state of Alabama first enacted an ignition interlock law that required convicted first-time and repeat offenders, with a blood alcohol level of .15 or more, to install breath alcohol recognition devices on their vehicles.  Three years later, new legislation is under consideration that would take a “zero tolerance” stance and require anyone convicted of a blood alcohol level over a .08 to have the option of a license suspension or driving with an interlock system for 24 months.

According to Mothers Read More

Facts About Alcoholic Beverages

When discussing DUI defense, it is important to have knowledge of the causes of intoxication.  What many people do not know is that people as far back as 10,000 B.C have used alcoholic beverages.  Early on, people discovered that certain domesticated grains and fruits could be converted into alcoholic beverages which could be used for religious purposes, daily nutrition, or pleasure.

Early on, people discovered that grains and fruits could be converted to alcoholic beverages through two processes.  First the grains and fruits can be fermented.  During the fermentation process, wines can be produced.  Both red and white grapes can be used to produce red or white wines.  White wines are not always produced by white grapes and vice versa for red wines.  The color of a wine is actually determined by the length of time the skins are left in the fermenting must.

Beer can also be created … Read More

Understanding the Draeger Alcotest 7110

In the State of Alabama, in almost every DUI defense case, the issue of a breath test will arise.  The Draeger Alcotest 7110 is the most utilized breath-testing machine within the state of Alabama.  The Draeger, or Drager Company, manufactures the Alcotest 7110.  Draeger is based out of Lübek, Germany.

The Alcotest 7110 is designed to measure blood alcohol levels by analyzing a person’s breath.  The Alcotest 7110 uses two methods to accomplish this measurement.  The first technology used is called infrared spectroscopy (IR).  The second technology used is called electrochecmical cell (EC).

In theory two testing methods should provide greater reliability and legal integrity than a single method of testing, which the Intoxilyzer 5000 utilizes.  Although these two testing methods are supposed to be more reliable, there are other issues that can cause a faulty reading.

One such interference is radio frequency interference.  Radio frequency interference is more … Read More

Justin Bieber arrested for DUI

On January 23, 204, Justin Bieber was arrested for DUI.  Unfortunately, Bieber provided a voluntary urine sample to the police.  According to reports, this urine sample has now come back and provided a positive test result for both marijuana and alprazolam (Xanax).  Based upon reports from the police department, Bieber was unable to provide a breath sample at the police station upon initial requests.  Bieber attempted to grab the hose from the breath-testing device several times.   After the police were able to convince Bieber to stop grabbing the hose from the breath-testing device, reports show that Bieber did not provide a sufficient breath sample to test his breath alcohol content.  Reports further state that Bieber eventually provided a sample with a reading of .14 and .11.

This marks the first time Bieber has been arrested.  Since this arrest on January 23, 2014, Bieber has once again been arrested … Read More