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An arrest for alleged drunk driving in Alabama does not mean an automatic conviction. Most lay people (and even a large number of non-DUI Defense attorneys) think so. Many times people ask - "well I blew over the limit and failed the sobriety tests so I am guilty - right?" NO - not correct! DUI evidence can and should be challenged! Even when a Blood Alcohol Concentration (B.A.C.) is higher than 0.08%, the State or City still has to prove its case against you. A DUI is always worth fighting because the consequences of a conviction in Alabama and most other states are so severe.

Common Defenses to a Charge of DUI in Alabama:

• Defenses based on a lack of reasonable suspicion or probable cause.
• Lack of evidence needed to prove "actual physical control" of a motor vehicle which in Alabama can be tricky.
• Errors in the arrest procedure such as failure to follow proper arrest procedures or the denial of rights.
• Errors in the direction, instructions, scoring, etc. of the Standardized Field Sobriety Tests
• Draeger Breath Testing equipment errors or inaccuracies in determining BAC.
• Improper and non-standard field sobriety testing at time of arrest.
• Unlawful or flawed traffic stop.

Subjective Evidence - Police Reporting and Field Tests

An arrest for Driving Under the Influence (DUI) or DWI may involve one or more field sobriety tests. The justification for this test rests with the police officer making the decision to administer it. If the police officer does not have probable cause to suspect drunk driving, they may have acted improperly.

Some medical conditions mimic the effects of alcohol. A lack of sleep, diabetes, and other conditions that are perfectly legal may seem to the inexperienced to be the symptoms of alcohol consumption. Without a foundation of probable cause, the results of testing cannot be used as evidence.

Incorrect and Errors in Alabama Breath Tests

Medications and physical conditions can alter the results of BAC testing. If you have to take a chemical BAC test, you should make note of any medications you are taking, as well as any medical conditions you have. Blood thinners and blood clotting disorders can affect the tests. Notifying personnel before the test begins can help you in court later.

Many tests have built-in flaws. Breath, Urine tests and blood tests are not specific as to the amount of alcohol in someone's system at a particular time. They only measure how much alcohol is in the blood or urine at the time the test was taken.

Testing and Equipment Problems in Alabama DUI Cases

An experienced Alabama DUI Laws attorney will know not only the specifics about the machine used in any particular case, but has kept up on emerging science for breath and other tests. Some models are prone to faulty results. Although the Draeger breath testing machine used in Alabama is recognized as one of the best models in the country, machines are not perfect and do make mistakes as do the humans that operate them. There are also other considerations that can cause problems with a test result:

• Interference from electrical equipment, such as cell phones, walkie talkies, dirt, cigarette smoke and moisture can alter results.
• Volatile solvents can give false readings - gasoline, paint thinners, some cleaning products.
• Blood, vomit or alcohol in the mouth will render invalid readings.
• Recalibration has to be done on a regular basis - and properly documented.
• Alcohol containing medications - mouthwash, toothpaste, cold/cough syrups.
• Failure of the officer administering the test to use proper procedures

Alabama DUI Defenses Related to Justification or Mistake

While unusual and very difficult cases to win, there are circumstances where drinking and driving is necessary. For instance, if you had no intention to drive but had to because of circumstances. These are hard defense to argue and tough cases to win, but for instance, if you were in immediate danger or there was a medical emergency (without ambulance services available), you might be able to argue to a Judge or Jury that driving while under the influence was justified given the specific circumstances in your case.

It is also possible that someone consumed alcohol without knowing it. Another very difficult and rare defense, this is called a mistake of fact and must be shown. A similar situation might exist if medications you were taking interfered with the way your body metabolized alcohol - without your knowledge or prior warning.

What About a DUI Appeal in Alabama?

A court decision (and a jury verdict) is open to attach on appeal. If, however, you enter into a plea agreement, you will generally give up the right to an appeal although some exceptions exist. Appeals must be based on some error in the process - you cannot just appeal because the verdict has gone against you. Also, appeals in Alabama must be filed within certain time limits of the original decision, depending on the grounds for the appeal. Your DUI attorney will be familiar with the appeals process.

What About Removing a DUI Conviction from my Criminal Record in Alabama?

Although a bill has been pending before the Alabama Legislature over the last few sessions, there is currently no law in Alabama that allows expungement of criminal charges or convictions from your record. Some options exist as to minors charged with DUI and those are looked at on a case-by-case basis.

Do NOT leave your future and the results in your DUI case to chance. You need a properly trained and experienced Alabama Drunk Driving Laws violation attorney to review your case and the evidence against you. Proper counsel will give you the help you need to eliminate or reduce the impact a DUI charge or conviction may have on your life, your reputation, your livelihood, and your freedom. You need an Alabama DUI Lawyer at www.Alabama-DUI-Defense.com working on your case as soon as possible. Call us today at (866) 347-2889.

If you have been charged with a drunk driving laws violation in Alabama, call the experienced and aggressive DUI Defense Team at BirminghamDUIAttorney.com. We help hundreds and hundreds of clients all over the state of Alabama each year with DUI and traffic offenses. Call US TODAY! (866) 347-2889.