Jefferson County DUI Defense Lawyers

34 Possible Ways to Aggressively Defend Your Alabama DUI Charge

If you have been arrested and charged with DUI in Alabama, it is obviously cause for concern-but not for despair. However, you must hire an experienced, knowledgeable Alabama DUI Attorney that has a practice focused on the defense of those charged with Driving Under the Influence (DUI). Our DUI Defense Attorneys at Kreps Law Firm take a unique approach that will give you the best possible result in your case. The defense of a DUI charge is a very complicated and complex matter but our overall goal and focus is very specific-each and every DUI that we review is defensible in some way.

That's why it is always a good idea to hire an experienced DUI Defense attorney for your Alabama drunk driving charge. Below are many ways the Jefferson County DUI defense attorneys at Kreps Law Firm, LLC, may be able to win your case. No matter what substance your case involves-- illegal drugs, prescription drugs, medicine or alcohol, we can help.

CONTACT US TODAY AT (205) 824-6545 or (866) 347-ATTY or (800) DIAL-DUI.

1. STOP OF PERSON OR VEHICLE WITHOUT MEETING THE LEGAL TEST - a driver can only be stopped when an officer has a specific and reasonable basis to believe that a traffic law or other law has been violated. Likewise, a person can only be seized when a violation has occurred.

2. ANONYMOUS DRUNK DRIVING ALERTS TO POLICE - Just because an anonymous citizen reports that a driver is drunk, a car generally cannot be stopped and we have been successful challenging cases for these reasons.

3. INDEPENDENT WITNESSES - Often times, independent witnesses can provide crucial evidence of the defendant's sobriety. These witnesses may include witnesses to accidents, bartenders, hospital personnel, and others.

4. WEAVING WITHIN YOUR OWN LANE IS NOT ILLEGAL - A vehicle cannot be stopped for weaving without crossing any lines or for a minor touching or crossing of the lines. It is not a violation of the law.

5. FAILING TO PROVE DRIVING UNDER THE INFLUENCE - A charge of driving under the influence must be proven by more than just a defendant's admission to driving while intoxicated.

6. INACCURATE STANDARD FIELD SOBRIETY TESTING - The walk-and-turn test is only 68% accurate, and the one-leg stand test is only 65% accurate in healthy individuals, when determining if a person is under the influence. People with medical conditions, injuries, 65 years or older, and 50 pounds or greater overweight cannot be accurately judged by these tests.

7. INVALID NON-STANDARDIZED FIELD TESTS- Touching your finger to your nose, saying the alphabet backwards, or counting backwards are not recognized as valid sobriety tests by the Federal Government (NHTSA) or medical science.

8. WHEN FIELD SOBRIETY TESTS ARE IMPROPERLY ADMINISTERED - Improperly administered field tests are not valid evidence of intoxication, according to the National Highway and Traffic Safety Administration.

9. PORTABLE BREATH TEST RESULTS ARE INADMISSIBLE - In most states, the use of portable breath testing results as evidence at trial in a DUI case is not prohibited.

10. IF A BREATH TEST DEVICE IS NOT APPROVED - To be admissible, a breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices.

11. WHEN A BREATH TEST OPERATOR IS NOT CERTIFIED - In most states, it is a requirement for a Breath Test Operator to possess a valid, unexpired operator's license. If the operator does not have a license, the breath test result is inadmissible.

12. IF THE BREATH TEST OPERATOR'S CERTIFICATION IS EXPIRED - The results of the breath test will be inadmissible if the Breath Test Operator's license is expired, when conducting the test.

13. WHEN BREATHALYZER MACHINES FAIL TO FUNCTION PROPERLY - If there is a malfunction or repair of the breath test with a certain specified period of time before or after a suspect's breath test, most states will presume that the suspect's test results are invalid.

14. WHEN PORTABLE BREATH TESTS ARE IMPROPERLY ADMINISTERED - For the results of portable breath tests to be evidential in nature, the manufacturers of the devices used require a minimum of two tests.

15. WHEN A BREATH MACHINE IS NOT PROPERLY OPERATED - For a breath result to be valid, the manufacturers of breath testing devices have established specified protocols that must be followed. When these are not followed, the result is improper readings.

16. ABSORPTION OF ALCOHOL POST-DRIVING - The blood or breath alcohol must be proven at the time of driving by the prosecutor. The test results will be higher than what the true level was when the person was operating the vehicle, after recent consumption of alcohol just prior to driving.

17. FAILURE TO ALLOW FOR THE REQUIRED DEPREVATION PERIOD - Prior to a breath test, in order for the results to be considered admissible and valid, most states specify that a driver has to be observed continuously for a minimum time period, such as twenty minutes.

18. INACCURATE BREATH TESTING OR BLOOD TEST- One breath test alone is considered unreliable by all virtually all experts. Breath testing may include a variance as much s +/- 12.5%, non-specificity for ethanol, etc.

19. HOSPITAL BLOOD TEST CAN BE INACCURATE - Hospital blood tests may overestimate a person's true level of intoxication by as much as 25% in healthy individuals. These are also not statistically reliable in severely injured persons.

20. BLOOD DRAWS THAT ARE PERFOMED WITHOUT CONSENT - The police cannot take a blood test against the driver's consent, where there has not been an injury involved in some states. In these states, when blood draws are forced, the result is inadmissible.

21. DASH CAM VIDEOS IN POLICE VEHICLES - The suspect's driving and performance on field tests are being recorded more and more often. This usually contradicts police testimony. We have been successful attacking DUI cases because the video was destroyed or the camera was not used in a particular case.

22. BOOKING ROOM VIDEOS - Police stations often videotape suspects at the police station. Oftentimes, in spite of police testimony to the contrary, their speech is clear and their balance is perfect.

23. NO MIRANDA WARNINGS - When the police fail to properly issue Miranda Warnings, prosecutors may not use, as evidence, the testimonial statements of a defendant in custody for a DUI.

24. NO PROBABLE CAUSE TO ARREST - A suspension will be reversed and the evidence should be suppressed at trial if a police officer does not have specific and articulate facts to support an arrest for DUI.

25. SUBSTANCES THAT MAY INTERFERE - Asthma spray, cough drops, paints, fingernail polish, and many other items contain forms of alcohol, which may cause false results. Therefore, the breath results would be invalid.

26. MEDICAL PROBLEMS - Medical problems can affect the results of field sobriety tests, especially problems with legs, arms, neck, back and eyes. Other medical conditions may also affect the validity of breath test results.

27. BAD WEATHER IS A VERY IMPORTANT FACTOR - Poor driving or poor balance can be explained by weather reports of high winds, low visibility, and other conditions.

28. INCONSISTENT STATEMENTS MADE BY POLICE OFFICERS - Any statement made by a police officer may be used to attack an officer's credibility, whether it was verbally, in police reports, or at previous court proceedings.

29. STATEMENTS MADE BY POLICE OFFICERS THAT ARE MISLEADING - A suspension can be reversed and removed from the driver's record when there is any misleading statement by the police, regarding the consequences of taking (or refusing) a blood, breath, or urine.

30. FAILING TO PRODUCE DISPATCH TAPES - Most stops of vehicles are recorded on dispatch tapes and failing to preserve such tapes, when requested, can cause all evidence to be suppressed.

31. EXPERT WITNESSES - A suspect may use expert witnesses to review the validity of breath tests, blood tests, and field sobriety tests.

32. FAILING TO DISCLOSE EXPERT WITNESSES - Expert witnesses can be barred from testifying against the defendant when the prosecutor fails to disclose the state's expert(s).

33. STATUTES OF LIMITATIONS - If a DUI misdemeanor charge is not filed within a certain period of time of the date of offense, the charges will be dismissed outright.

34. PRIVATE PROPERTY - If a person does not drive the car on a public highway, arguments can be made that the person cannot be suspended/arrested for drunk driving.

CONTACT THE BIRMINGHAM DRUNK DRIVING DEFENSE ATTORNEYS AT KREPS LAW FIRM US TODAY AT (205) 824-6545 or (866) 347-ATTY or (800) DIAL-DUI.

Note: A full evaluation of your case must occur in order to determine which defenses may apply, because these items are general in nature and may not apply to your specific case.