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Law Offices of Segal & Segal, LLC, 106 Lincoln St SE, Huntsville, AL 35801 - Phone: (256) 533-6465 Fax: (256) 513-2133






Common Alabama DUI Questions

What is a DUI?


The most common type of Alabama DUI is a "per se" dui which means that an accused blood or breath alcohol content is greater than the legal limit of 0.08 grams of alcohol or greater within three hours of driving or being in actual physical control of a moving vehicle from alcohol consumed prior to or while driving.  A Alabama DUI can also be "per se" if an illegal drug other than marijuana is found in your blood or urine. 

Can anything be done if you get a Alabama DUI ?

YES,  First it is important to hire a Alabama DUI lawyer who practices DUI law on a regular basis and is familiar with the subtle and very technical issues implicated by a Alabama DUI arrest.  In our DUI law office, our experience has allowed us to develop interview questions which we ask in every case which identify potential issues which could lead to acquittal or winning your Alabama DUI case.  Second, you must break down your Alabama DUI arrest and examine the issues.  We typically look at the Stop, the Investigation, the Arrest, the Implied Consent or Breath Test rights, the Test or Tests.  Our first goal is to win the DUI.  However, we also feel that it is also good to have a plan B if your a multiple offender or have a recognized drug or alcohol problem.  A valuable part of any DUI defense is a drug and alcohol evaluation, counseling if recommended and Alcoholics Anonymous.  A good DUI defense also requires the support of friends and family.  A Court is always more likely to have mercy on a Defendant convicted or who pleads guilty to DUI when the Courtroom is full of friends and family rather than one who comes to court alone.

Issues with the Stop?

The first issue is was the stop legal under the 4th Amendment.  There are three types of generally recognized police-citizen encounters: first, level one encounter where a police officer does not stop you but merely approaches you without seizing or stopping you in a public place in order to say hello or ask how you are doing.  Alabama Courts have ruled that Police do not have to have a reason to approach a person in a public place.   The second type of police-citizen encounter is a investigatory detention or traffic stop.  A traffic stop must be based upon "articulable suspicion" which means that the police must be able to give a reason for the stop and the stop must not be based on a guess or hunch.   Many times the police will stop citizens on a hunch or guess, and their hunch may be correct but that is illegal and if proven results in all evidence being thrown out of court or suppressed.  The third type of police-citizen encounter is an arrest which must be based on "Probable Cause.   DUI cases can be thrown out of Court if an arrest was not based on "Probable Cause" that an accused is a less safe driver based on alcohol or drugs consumed prior to or while driving.

What are field tests?

Police investigate DUIs in two ways by observation and by impairment and divided attention testing commonly known as "Field Tests."   Field Tests are absolutely voluntary. Police Officers will rarely inform Drivers of this fact.  Police frequently attempt to intimidate and coerce Drivers to perform these "Field Tests" which according to the law enforcement's own training manual only work 77% of the time.  That means that one out of four sober people fail these drunk tests.   The Police might as well throw you in a pond and see if you float.   In many ways the war on drunk driving is a witch hunt.  Recent studies published in the Wall Street  Journal in February 2005 equated 0.08 grams of alcohol impairment with talking on a cell phone with an ear bud, or simply being 70 years old.  These tests are designed to make you look silly.  Generally, there is no benefit from performing these field tests.  Police will generally arrest you for simply having alcohol on your breath regardless of what you do. See the Police Officer's Field Evaluation Training Manual