Birmingham DUI Defense Attorney
Driving under the influence (DUI) is one area of criminal law where the police and prosecution make the most mistakes – case destroying mistakes. But without an experienced DUI defense attorney fighting for you, these crucial mistakes may go unnoticed. Knowing how to analyze and attack the police procedures before, during, and after the DUI arrest, and interpret the complex DUI statutes is essential to victory at trial.
New laws have strengthened the penalties and fines for DUI convictions, which can result in thousands of dollars in fines and court costs, up to one year in jail, an automatic suspension of driver's license, and months of alcohol testing and educational classes. Now more than ever, it is essential that you are represented by a DUI attorney.
Many people do not know that the manner in which the police officers administer the field sobriety tests, as well as the breathalyzer machine can make or break the prosecution's case against a client. Police officers will not freely admit to a mistake and prosecutors will not voluntarily dismiss a case just because mistakes were made in the investigation and arrest in a DUI case. It takes a skilled and experienced attorney to find these errors and attack the prosecution's case with them.
Even if you think you may be guilty, rarely is it a good idea to plead guilty to a DUI without the assistance of a DUI attorney. There are typically several options availble to a person charged with DUI - options that can save you thousands of dollars, jail time, your driver's license, your job, and your record. Bobby and Matthew Hornsby have been successful in getting clients' DUI charges dropped and successfully defeating DUI charges in court. They have the skill and experience needed to successfully defend you or your loved one in a DUI case.
What's the Law on DUIs?
Alabama Law provides five different ways that a person can be charged with driving under the influence. These include both alcohol related intoxication and drug related intoxication. Even if a person has a prescription for the substance ingested, such as pain medication, it is still possible to be charged with DUI.
The first way that a person can be charged with DUI is to have 0.08 percent or more, by weight, of alcohol in the bloodstream. This is, of course, determined by use of a breathalyzer machine, or a blood test.
In the event that a person refuses to submit to a breathalyzer test or blood test, or if the circumstances make it impossible to conduct one of these tests, the officer will most likely charge under the second provision, which pertains to being "under the influence of alcohol." This provision is much more broad, as it could encompass a person who is not over 0.08 blood alcohol content (BAC). In other words, it is possible to have a BAC under 0.08 and still be "under the influence of alcohol."
The third way in which a person may be charged with DUI is to be under the influence of a controlled substance to the point where he or she is incapable of safely driving. The list of "controlled substances" is long, however included are methamphetamines, cocaine, most prescription pain medications, and many other legal and illegal drugs. Typically, a blood test will be necessary in order for the prosecution to prove what substance, if any, a person was under the influence of while operating a vehicle.
The fourth way a person may be charged with DUI is to be under a combined influence of alcohol and a controlled substance to a degree where he or she is incapable of safely driving.
The fifth and final way that a person may be charged with DUI is a "catch-all" provision, which is intended to encompass any other substance that could interfere with the ability to drive, but is not covered by the previous four types of DUIs. Most notably in this category are marijuana and other medications or substances that are not considered to be "controlled substances."
Here is the actual DUI statute as it pertains to these five types of DUIs:
ALA. CODE § 32-5A-191 (1975)
§ 32-5A-191. Driving while under influence of alcohol, controlled substances, etc
(a) A person shall not drive or be in actual physical control of any vehicle while:
(1) There is 0.08 percent or more by weight of alcohol in his or her blood;
(2) Under the influence of alcohol;
(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;
(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or
(5) 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.
The manner in which the police officer writes up the offense is extremely important. If the officer fails to correctly identify the type of intoxication involved in a particular case, and an experienced attorney attacks the charging document, the prosecution's case may be doomed from the start. It is extremely important to have an experienced DUI attorney, such as Bobby Hornsby or Matthew Hornsby, if you or a loved one have been charged with a DUI.
What's the Penalty for a DUI?
Alabama law sets forth the following range of punishment for DUI cases:
Upon a first conviction of a DUI:
- Imprisonment (jail time) of up to one year
- Monetary fine between $600.00 and $2100.00
- 90 day suspension of driver’s license
- Completion of DUI education classes and/or random alcohol/drug screenings, as required by a court referral officer
- In addition, if the defendant refuses to provide a BAC/breathalyzer result, or if a child younger than 14 is present in the vehicle at the time of the DUI, or if any person other than the driver is injured, upon reinstatement of the driver’s license, an ignition interlock device shall be installed on the vehicle for a period of two years. This device requires the driver to blow into a type of breathalyzer in order to operate the vehicle.
Upon a second conviction of a DUI:
- Imprisonment (jail time) of up to one year, with a minimum of 5 days in jail
- Monetary fine between $1100.00 and $5100.00
- One year suspension of driver’s license
- Completion of DUI education classes and/or random alcohol/drug screenings, as required by a court referral officer
- Mandatory installation of ignition interlock device for a period of two years following reinstatement of license
Upon a third conviction of a DUI:
- Imprisonment (jail time) of up to one year, with a minimum of 60 days in jail
- Monetary fine between $2100.00 and $10,100.00
- Three year suspension of driver’s license
- Completion of DUI education classes and/or random alcohol/drug screenings, as required by a court referral officer
- Mandatory installation of ignition interlock device for a period of three years following reinstatement of license
Upon a fourth conviction of a DUI:
- Guilty of a Class C felony
- Imprisonment (jail time) of not less than one year and one day nor more than ten years
- Monetary fine between $4100.00 and $10,100.00
- Five year suspension of driver’s license
- Completion of DUI education classes and/or random alcohol/drug screenings, as required by a court referral officer
- Mandatory installation of ignition interlock device for a period of five years