The penalties for a DUI, or driving under the influence, can be very serious.  In Alabama, the penalties depend on how many offenses you have.  The penalty for a first offense is a fine between $600 and $2,100 and a 90-day suspension of your license.  With each subsequent offense, the fines are stiffer and the suspensions longer.  If you have been arrested for a DUI, and you want to fight the charge, there are several defenses available.  Challenging behavior testimony in a DUI case is one way to defend yourself.

Do police officers have sufficient evidence to charge you?

Unfortunately, in many cases, police officers accuse people of driving under the influence of drugs or alcohol, but have insufficient evidence to substantiate the charge.  Consider the recent news article published at AL.com.  Jonathon Albert Smith was arrested in Shelby County, for DUI and possession of a controlled substance, after he led police on a “relatively low speed” chase. According to the article, sheriff’s deputies allegedly saw Smith swerving across the center line and into oncoming traffic multiple times. After he allegedly drove onto the shoulder of the road and ran a red light, the officers attempted to pull him over.  Once he was apprehended, he was found in possession of Xanax, for which he did not have a valid prescription.  Probable cause for the traffic stop was based on his behavior while driving.

Are officers really trained to interpret driver behaviors?

The reality is, many officers are not actually trained to detect whether someone is under the influence of drugs. While there are observable signs of intoxication, there are also many medical reasons or other explanations for a driver’s appearance or behavior. In most cases, an officer has not actually seen the suspect before pulling him over.  For this reason, a defendant should never admit to intoxication.

Challenging an officer’s testimony regarding your behavior

All too often, a substantial part of the evidence against a DUI defendant comes from the arresting officer’s observations and impressions as to whether or not you were intoxicated. For instance, the officer will likely testify about how you were driving, if you were weaving, crossing the center line, or running traffic lights or stop signs.   If you can present evidence that might disprove those observations, it will go a long way toward helping your defense.

If you have questions regarding DUI, or any other criminal defense matters, please contact Ketcham Law, either online or by calling us at (205) 296-4233.

Alabama became the latest state to enact DUI legislation that included the use of ignition interlock devices, also known as IID’s, in 2011.  First time offenders with a blood alcohol level (BAC) 0.15 or higher are required to have an IID installed on their vehicle.  An IID is a device that is connected to the vehicle’s ignition system and requires a driver to submit a breath sample by blowing into the IID.  The IID then measures the breath sample and if there is too much alcohol in the sample, the IID will not allow the car to start.

Federal officials are now wanting stricter DUI enforcement legislation from all states.  Some states already have laws that require all first-time DUI offenders to install IID’s no matter how high their blood alcohol content.  Federal research has shown that drunk drivers with a prior DUI conviction were four times more likely to be involved in a deadly crash.

One organization pushing for stronger laws is the National Highway Traffic Safety Administration (NHTSA), which has the funds to help enforce the issue.  One group that is backing NHTSA’s push for reform is Mothers Against Drunk Driving (MADD).  According to NHTSA statistics, in 2010 more than 10,000 people died in drunk driving crashes.  National efforts to fight drunk driving has helped reduce drunk driving fatalities by 35 percent since 1991.

In Alabama, the consequences for DUI depend upon a number of factors.  If you are a first-time offender, you can be sentenced up to one year in jail, receive a fine between $600 to $2,100, a mandatory 90-day suspension of driving privileges, and an IID requirement when your BAC is 0.15 or higher.  If you happen to be a second-time offender, you too can be sentenced up to one year in jail, receive a fine of $1,100 to $5,100, suspension of driving privileges for one year, and the requirement of an IID.  If a driver has a third DUI within five years of his previous conviction, he can be sentenced to one year in jail, fined $2,100 to $10,100, suspension of driving privileges for three years and an IID requirement.  When convicted of a fourth DUI within five years, which is considered a Class C felony, you can serve up to ten years in jail, be fined $4,100 to $10,100, and have your driving privileges suspended for a period of five years.

These penalties may seem strict, but drunk driving is a serious problem in this country, and until all drivers become responsible and not drink and drive, advocates will push for stricter DUI laws and penalties.