10 Ways to Avoid a DUI
Below are the rights you have as a prospective client and or active client when you consult with and or hire the lawyers of Polson & Polson. We stand behind the commitments we have made below and believe in the same. A DUI in Alabama is a serious life event; though, it does not have to be the “end of your life”. The below stated rights are pledged by the lawyers of Polson & Polson to give peace of mind to you, the client, during the stressful time of dealing with a DUI.
- DON’T DRIVE AFTER YOU HAVE CONSUMED ALCOHOL. It’s that simple. Use a designated driver. Call a cab. Hire a limo for the night. Call a friend, family member, or significant other to pick you up. Walk. Ride the bus. Charter an airplane. Whatever you have to do…don’t drive after having consumed alcohol.
- If you do choose to drive after having consumed alcohol, KNOW THE LEGAL LIMIT AND YOUR PROBABLE LIMIT AT THE TIME OF DRIVING. Alabama is not a “zero tolerance” state…yet. It is not illegal to consume alcohol and drive a car. It is only illegal if you drink an amount of alcohol that renders you incapable of safely operating your vehicle or at the time of driving your blood alcohol level is over the legal limit. Calculate your probable BAC.
- KNOW THE RULES OF THE ROAD AND MAINTAIN YOUR VEHICLE.The most minor traffic infraction and or equipment violation on your vehicle will give a police officer the requisite legal justification to stop your vehicle. Minor traffic infractions such as not using a turn signal, having your high beams on, improper lane usage, etc. often are the cause for a traffic stop that leads to a subsequent DUI investigation and arrest. As well, window tint over the legal limit, improper tag light, burned out brake light, etc. also are popular equipment violations that lead to DUI investigations and arrests. Understand why trivial things lead to DUI arrests.
- HAVE YOUR DRIVER LICENSE, INSURANCE, AND REGISTRATION IN A READILY AVAILABLE LOCATION IN YOUR VEHICLE. Many DUI arrests stem from a stop of a motorist at a driver license checkpoint and or sobriety check point. If your documentation is readily available, you will draw less attention to yourself when asked to produce the same. This is true even if you are not stopped at a checkpoint.
- BE POLITE, COURTEOUS, AND RESPECTFUL TO THE POLICE. Just because you have been stopped by the police and you have consumed alcohol prior to driving does not mean you will be arrested for DUI. However, there is a fine line to toe in that, prior to being placed in custody (arrested), any answers given to questions asked of you by the police can be later used against you.
- UNDERSTAND FIELD SOBRIETY TESTS. No law in Alabama mandates that a motorist driving a non-commercial vehicle must submit to police ordered roadside field sobriety tests. THEY ARE VOLUNTARY. While there is no right or wrong choice in deciding whether to submit to field sobriety tests, an understanding of why they are given, how they are graded, and the pitfalls associated with them will place a motorist in a better position to make this decision. The location of where the tests are offered (along the highway, in gravel, etc.), any physical impairment of the motorist, weather conditions (extreme hot, cold, wind, rain, etc.) are all plausible reasons to decline to submit to field sobriety tests. Conversely, the taking of field sobriety tests can later be argued in court as cooperation, and, though highly unlikely (due to the failure designed tests) you might pass. Understand Field Sobriety Tests.
- UNDERSTAND BLOOD ALCOHOL TESTING. If a motorist is legally arrested for DUI in Alabama and was operating a motor vehicle on a public highway at the time of their arrest, they are deemed to have consented to submit to a blood alcohol test. The three types of blood alcohol tests in Alabama are: blood, breath and urine. Most, if not all, police agencies in Alabama use the breath test as their designated blood alcohol test. A motorist, before being commanded to take a blood alcohol test, will be told that their failure to take the designated test will result in the suspension of their driving privilege for a period of at least 90 days. What the motorist is not told is that their driving privilege will be suspended as well for at least 90 days if they take the blood alcohol test and register over the legal limit all the while providing the prosecution with incriminating evidence to use at trial. If a motorist does submit to the designated police blood alcohol test they HAVE THE RIGHT TO AN INDEPENDENT TEST OF THEIR BLOOD ALCOHOL CONTENT. THE POLICE WILL NOT TELL YOU THIS!! THE BURDEN IS ON YOU, THE MOTORIST, TO DEMAND AN INDEPENDNET BLOOD ALCOHOL TEST. THE MOTORIST MUST TAKE THE POLICE ORDERED TEST TO HAVE THE RIGHT TO AN INDEPENDENT TEST. THE MOTORIST MUST MAKE THE ARRANGEMENTS AND PAY FOR THE INDEPENDENT TEST. THE POLICE MUST PROVIDE THE MOTORIST WITH REASONABLE ACCESS TO ARRANGE FOR AN INDEPENDENT TEST. IF AN INDEPENDENT BLOOD ALCOHOL TEST IS NOT AFFORDED A MOTORIST GROUNDS FOR SUPPRESSION OF THE POLICE BLOOD ALCOHOL TEST ARISE. Understand why some scientists believe breath testing is bogus.
- If you choose to sleep in your car after having consumed alcohol DO NOT BE IN ACTUAL PHYSICAL CONTROL OF YOUR VEHICLE while you sleep. In Alabama you can be convicted of DUI even though the police never witnessed you driving. Persons in Alabama have been convicted of DUI when found behind the wheel while asleep while parked. Though, an element of the charge of DUI in Alabama is that the motorist was “in actual physical control” of the vehicle. There is no bright line test to determine what is or is not “actual physical control”, rather all of the surrounding circumstances are examined. If one must sleep in their vehicle after having consumed alcohol, the better practice would be to legally park the car on private property, turn the car off with the keys out of the ignition, sleep in either the passenger seat or, better yet, back seat, and turn all of the lights off.
- UNDERSTAND THAT YOU CAN BE CONVICTED OF DUI IN ALABAMA EVEN IF YOU HAVE NOT CONSUMED ANY ALCOHOL. There are five separate ways a motorist can be charged with DUI in Alabama. Alabama Code §32-5A-191 (the DUI Statute) has five subsections for which the police can elect to charge a motorist with DUI. Subsection 1 & 2 deal exclusively with alcohol. Subsection 3 covers those under the influence of controlled substances (this subsection covers prescription medications, illegal drugs such as marijuana, cocaine, etc.) Subsection 3 applies EVEN IF THE MOTORIST HAS A LEGAL PRESCRIPTION. Subsection 4 applies to a combination of controlled substances and alcohol. Lastly, subsection 5 applies to ANY OTHER SUBSTANCE (this subsection covers any substance such as solvents, glues, paints, or over the counter medications that render a motorist incapable of safely driving).
- IF ARRESTED FOR DUI DO NOT PLEAD GUILTY AND HIRE A LAWYER WHO HAS DEVOTED THEIR LEGAL PRACTICE TO DEFENDING MOTORISTS ACCUSED OF DUI. The lawyers of Polson & Polson have, collectively, over 50 years of experience in the courtrooms of Alabama. The majority of the law practice of Polson & Polson is devoted exclusively to DUI defense in Alabama. The lawyer of Polson & Polson regularly attend, lecture at, and submit materials to continuing legal education seminars devoted to DUI defense. Polson & Polson was asked to submit materials to be included in the appendix of one of the leading legal authorities on DUI in Alabama titled The Prosecution and Defense of DUI Cases A Practitioner’s Handbook, T. Brad Bishop, Samford Univ. Press (2004). Polson & Polson are AV rated by Martindale-Hubbell lawyer rating service. The lawyers of Polson & Polson are members of the following professional organizations: Alabama Criminal Defense Lawyers Association, National College for DUI Defense, National Association of Criminal Defense Lawyers, Alabama Bar Association, Birmingham Bar Association, American Bar Association, Birmingham Criminal Defense Lawyers, Association of Trial Lawyers of America.
10 WAYS TO AVOID A DUI CONVICTION
