So envision this scenario: a traveling sales rep has an after work meeting with clients. He/she consumes a couple of drinks and gets pulled over on the way home. The police officer administers the purely subjective field sobriety tests (which almost every time they are given the driver “fails”). He/she is arrested (remember an arrest must be made before a breath test is given) and the driver refuses to take the breath test.

In court, the only thing needed for a conviction is the officer’s opinion that the driver was “intoxicated to the point where he/she cannot operate a motor vehicle safely.” So the defendant goes to court without a lawyer. The Municipal prosecutor says you can just plead guilty and have the case over without jail time. The defendant signs a “waiver of counsel.” Well, the driver now has to have an interlock device installed for two years.

If not represented properly, new Alabama DUI laws could put more people in handcuffs

Or a defendant hires a lawyer who doesn’t regularly practice DUI defense. That lawyer advises them to “simply plead guilty” because “you will just have to go to some classes and pay a fine.”

So a law abiding citizen who has never been in trouble his/her life has the embarrassment, burden, and loss of a job because of this new law.

And do the police have more incentive to make DUI arrests with a citizen facing stiffer penalties? Does it generate more money for the local government? How does that effect the officer when administering the supposedly subjective filed sobriety test? Common sense answers all of these questions.

If you are arrested for DUI, contact Greg Yaghmai at (205) 969-2868 or toll free at 1-866-969-1850

Interlock Device could sweep through Alabama

The interlock law presents a whole new set of issues in DUI law in Alabama. It will take several posts to cover the issues. But here are the nuts and bolts:

1) If a person is convicted of a first time DUI and
a) has a BAC of .15 or more OR
b) refuses to provide BAC OR
c) a child under 14 is in the car OR
d) someone else is injured

Then the drivers license shall be suspended and an interlock device to be installed for 2 years. An interlock device requires that person to “blow” into the device to determine if the driver has consumed alcohol. If there is a violation of the interlock conditions then the device must remain in the car for an additional six months.

If a person is convicted of a second DUI within five years (regardless of a-d above) then the interlock device must be installed for three years.

Another big impact is the cost of the device. It is manufactured by a private company that stands to makes tens of millions of dollars in the next few years.

The impact of the interlock device and the “double minimum punishment” highlights even the greater need to contact an experience DUI defense attorney.  Contact Greg Yaghmai at (205) 969-2868 or toll free at 1-866-969-1850.

Below is the “double minimum punishment” law:

Act 11-621 adds an entirely new sub-section (i) to Code section 32-5A-191. This sub-section increases the punishment inflicted on a convicted DUI offender under the following conditions:

If the blood alcohol concentration is .15% or greater while operating or in actual physical control of a vehicle, the convicted offender “shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less than 0.15 percent by weight of alcohol in his or her blood.”
If the adjudicated offense is a misdemeanor conviction, the minimum period of incarceration is one year, “all of which may be suspended except as otherwise provided for in Section 32-5A-191(f) and Section 32-5A-191(g).” [Note: section (f) requires a minimum period of five (5) days incarceration for a second offense conviction within the past five years and section (g) requires sixty days incarceration for a third offense conviction within the past five years.]
“In addition, the Director of Public Safety shall revoke the driving privileges or driver’s license of the person convicted for a period of not less than one year.” [Last sentence, new sub-section (i)]

So it will become even more important to hire an experienced DUI attorney facing such stiff new penalties.

Of course the Fraternal Order of Police head chimed in saying the Office of the Attorney General has no business in criminal cases.  And I thought police were unbiased and seeking the truth. If so, they should want the results to be accurate. So now what will DC do? No breath test and urine tests aren’t accurate.

This is another startling example of how the law lags behind science. I don’t go out and condone drunk driving.  However, I want to make sure people are being properly represented in his/her DUI defense.  So if you are arrested please make sure you hire someone with DUI defense experience.

Call Greg Yaghmai if you have been arrested for DUI, 205-969-2868.

Urine sample doesn't give accurate measure for BAC

Faulty breath tests results lead innocent people to being convicted of DUI

As the Columbus Dispatch reports, the Intoxilyzer 8000, a unit small enough to be put in the trunk of a police car, has come under attack. Prior case law in Ohio prevented such a challenge, but a Municipal Court Judge is taking testimony on the issues. One of the challenges is the effect that environmental factors have on the mobile Intoxilyzer 8000. And it seems this challenge is making headway with the Judge.

This is another example of why these machines are not fool proof and should not be carte blanche accepted as gold.

A big kudos to Tim Huey an attorney in Ohio that is recognized as one of the leading DUI defense attorneys in the country. I am privileged to be a member of NCDD where Tim is a strong force. Check out Tim’s site at http://www.ohio-dui-defender.com/

According to WSOC-Tv, the Judge dismissed the DUI case and found Grimes guilty of contempt of court.  Grimes was sentenced to thirty days in jail.  He claims he confused cases and said he wasn’t prepared for court.  Now more than a 100 pending DUI cases involving Grimes are being called into question.

Wrongful Arrest occurs in DUI charge

First, the former “defendant” should be called a victim. Even if you buy Grimes claim he was ill prepared for court, then he shouldn’t have unequivocally testified under oath the the Defendant . . I mean victim. . failed these field sobriety tests.

Second, the Judge who heard the testimony clearly didn’t think Grimes “accidentally” testified wrong, because he sentenced him to 30 days in jail.  That is a steep sentence for a contempt violation.

Finally, it again goes to show that the general perception of DUI charges are often misunderstood. Most people hear someone is arrested for DUI then they must have been guilty. Please remember it is the ONLY charge someone can be convicted, and ultimately sent to jail/prison, based on one person’s opinion (the arresting officer).

It is another reminder that if someone is charged with a DUI, I urge them to hire an experienced DUI defense attorney.

A big thanks to Justin McShane of http://www.paduiblog.com/ for bringing this to light. He is one of the most well respected DUI defense attorneys in the country.

As reported by the local media the defendant admitted to the judge he liked a , “liquid lunch.” The Judge furthered allowed the defense attorney to withdraw for the failure of his client to cooperate.

Former MADD chapter president

On February 18, Debra Oberlin was arrested at approximately 1:10 am. Her breath results were .234 and .239 according to a Gainsville.com article.

Oberlin was the president of the Gainsville, Fl chapter for three years in the mid 1990s. It will be interesting to follow this case. I’m willing to bet she hires an experienced DUI defense attorney that she campaigned against for years.

In Alabama, a felony DUI deals with prior DUI convictions.  Up until the late 1990s, in a felony DUI prosecution the jury would learn that the defendant had at least three prior DUIs.  As you can imagine the chances of being found not guilty on the fourth (or more) significantly decreased.  But that law has changed and the prior DUI convictions are presented to the Judge as a sentencing mechanism and not in the guilt or innocence phase.  This goes back to a prior post where if someone thinks they are simply paying a fine/doing some classes, they are shocked to learn they have actually pled guilty to DUI.

HOWEVER, an attorney can make a mistake and “open the door.”  This means that if the defense attorney asks the wrong question to a witness, including his own client, then the otherwise inadmissible evidence, now comes before the jury.  It can be devastating to someone who is charged with DUI.  It is another reason (of the thousands) to make sure you have an experienced DUI defense attorney.

If a defendant prevails at the Municipal or District Court level then the case is concluded. However, if the Defendant loses at Municipal or District Court level then the Defendant can appeal de novo which is Latin for “from the beginning.” The Defendant perfects an appeal to the Circuit Court by 1) filing a Notice of Appeal 2) perfecting an appeal bond. This must be done within 14 days of the date of disposition in District Court or Municipal Court.

Then the case is transferred to Circuit Court with the District or Municipal Court disposition eliminated like it never happened. One can also request a jury trial in Circuit Court. This often allows for the passage of time and the officer may loose some of the “vigor” towards the Defendant. Alternatively, a different prosecutor may handle the case. Occasionally, time does heal all.

The prosecution is prohibited from telling the jury that the defendant was convicted at the Municipal or District Court level. If a defendant loses a jury trial, then the case may be reviewed by an appellate court on legal issues.

This blog post covered the general process of a DUI charge in Alabama. It is not meant to be a detailed explanation of how to navigate through the process. If you are charged with a DUI make sure you hire an experienced DUI defense attorney. Call Greg Yaghmai at Rutledge & Yaghmai.