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While prosecutors and defense attorneys agree there could be some benefit to changes in a stiffer driving under the influence law that warrants more jail time and enforcement, some officials are at odds on whether the changes are worth the expense.

Effective Sept. 1, Alabama Senate Bill 61 will require a year of jail time versus three months for first-time DUI offenders and double penalties for offenders whose blood alcohol content is 0.15 or higher at the time of arrest.

A driver is considered legally intoxicated once their BAC reaches 0.08.

In addition to the Senate bill, state House Bill 361 will require the installation of an ignition interlock device for all offenders who are convicted of a DUI and had a blood alcohol content of 0.15 or higher at the time of their arrest.

The offenders will be expected to blow into the interlock device before cranking a vehicle, according to House bill. The vehicle should not start if the blood alcohol content is 0.02 or higher.

Officials said more than 40 states have similar DUI laws that require interlock devices, which will cost offenders about $2 to $3 a day, as well as potential maintenance costs once a month.

Offenders found operating a vehicle that is not equipped with an ignition interlock device would be removed from the vehicle and taken into custody.

An offender who claims not to own a vehicle is still required to pay $75 a month to the Alabama Impaired Driving Prevention and Enforcement Fund.

It was not clear how much – if any – of the maintenance or daily costs for the device would go to the fund.

A total of 318 people were killed on Alabama’s roadways in alcohol-related crashes in 2008, according to the Alabama Department of Economic and Community Affairs.

According to Dale County District Attorney Kirke Adams, more than 100 DUI arrests have come through his office since January 2010, and half of the arrests were of repeat offenders.

“The new penalties are severe, as they should be. The fact that an ignition interlock device will be placed on your vehicle should make people think twice about drinking and driving,” Adams said.
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Alabama Gov. Robert Bentley signed a new bill stiffening penalties for drunk driving into law last month, doubling fines and penalties for motorists convicted of aggravated DUIs.

A DUI is considered aggravated when a driver’s blood alcohol level is point 15 or higher.

Clanton Police Chief Brian Stilwell said the new law could do nothing but good.

“Fines and jail time we hope would deter people from driving under the influence,” he said. “But any tool that we can use helps us.”

Stilwell said that even before the law was signed in, Chilton County had already taken steps to remove drunk drivers from the road.

“[Chilton County] used to lead the state in DUIs,” he said. “It was amazing that we had that many in a dry county. But we’ve done a pretty good job at cutting them down.”

Clanton has reported 42 instances of Driving Under the Influence so far in 2011, with 11 of those qualifying for aggravated.

Stilwell said something as simple as having more officers on the road can help problems too.

“The big deterrent is officers being out there,” he said. “We’ve reduced wrecks by 33 percent just by having our officers out there.”

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The law is about a come down harder on drunk drivers in Alabama.

On Friday morning, Governor Robert Bentley is planning to sign a bill that increases the penalties for people caught drinking and driving.

Senate Bill 67 was sponsored by Senator Rusty Glover.

Glover said right now, there are set penalties if drivers are caught with a blood alcohol level of .08, but when this new law comes into effect, penalties will be even harsher if drivers’ levels reach .15 or higher.

As Richard Hubbard and his wife sat at their kitchen table, they could remember June 8, 2006, as if it was yesterday. Their granddaughters, 5-year-old Lindsay and 5-month-old Sadie, were in a car with their father coming home from the movies when a drunk driver slammed into them at 80 miles an hour.

He said the girls’ car seats were hurled out onto the street.

“The car was sitting on the baby – the one that was five months old,” Hubbard said. “And the other one got throwed completely out of the car and was in a coma and never recovered.”
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Mothers Against Drunk Driving praised the Alabama Legislature for passing House Bill 361 requiring ignition interlocks for repeat and first-time convicted drunk drivers with a blood alcohol concentration of 0.15 or higher.

The legislation would make Alabama the 50th state to enact an ignition interlock law, according to MADD.

HB 361 is pending Gov. Robert Bentley’s signature.

“MADD believes that the action taken by lawmakers in advancing HB 361 will help reduce the number of repeat DUI offenders, save lives, and prevent injuries,” said Laura Dean-Mooney, national president of MADD. “MADD congratulates lawmakers for passing this important legislation which will make Alabama roadways safer. Alabamans will be better protected as convicted drunk drivers will be taught to drive sober by being required to operate a vehicle equipped with an interlock.”

An ignition interlock is a device, about the size of a cellphone, wired into the ignition system of a vehicle. Convicted drunk drivers must blow into the device to start their vehicles. Any measurable amount of alcohol in their system keeps the vehicle from starting.

Albertville Police Chief Doug Pollard and Boaz Police Chief Terry L. Davis said ignition interlocks can be effective.

“I think it’ll help,” Davis said. “It’s a good tool.”
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Jury awards ex-Stripper $100K for DUI wreck

BIRMINGHAM, Ala. (AP) – A Jefferson County jury has awarded a former stripper $100,000 in a lawsuit in which she claimed the club that employed her failed to stop her from driving home after her on-the-job drinking. Patsy Hamaker of Bessemer was injured in a wreck after leaving work at The Furnace on Oct. 17, 2007. She said she can no longer dance because of her injuries.

Hamaker said the club disregarded its own safety rules when it let her drive home that night. Attorneys for the club argued that employees tried to keep Hamaker from driving away.

The Birmingham News reported that the jury award made Tuesday is for compensatory damages. No punitive damages were awarded.

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In the state of Alabama you can be arrested for an Alabama DUI based on one of two theories. First, you can be arrested simply for being under the influence of alcohol or drugs. If the officer feels you are too impaired to drive he can arrest you.

Second is the per se law which states that you cannot drive with a blood alcohol level (BAC) of .08% or higher. If your blood tests above the legal limit, you will be arrested for a AL DUI, no matter what your driving ability is. In the state of Alabama you do not have to be driving the car to be arrested for a DUI offense. If you are simply in the control of a vehicle, even if it is not moving, you can be charged with drunk driving.

If you refuse a chemical test your license will be automatically suspended for at least 3 months (for first offense within 5 years.) It is argued that if you do refuse your test it can help you in criminal court. You will lose your license, but may help you beat your Alabama DUI charge and avoid much more costlier penalties.

Alabama DUI Arrests

If you’ve been arrested for DUI, Alabama DUI law allows only 10 days after your arrest for your DUI lawyer to make a request with the Alabama Department of Public Safety for a hearing to save your Driver’s License. Otherwise, your licenses will be automatically suspended. This is why you should contact an Alabama DUI lawyer ASAP when arrested for DUI in AL. The administrative licensing hearing does not deal with whether you are guilty of a criminal act, but instead addresses the circumstances surrounding your arrest such as:

• Was your arrest based on reasonable grounds?
• Did the officer request that you take a test?
• Were you made aware of the consequences if you refused or failed the test?
• Did you refuse or fail the test?
• Should your license be suspended or revoked?

Alabama DUI Criminal Penalties

If you are convicted of an Alabama DUI there is a broad range of penalties you can face. Much of this relies on your previous DUI convictions in the past 5 years:

First time Alabama DUI Penalties

• Up to $2,100 in fines
• Up to 1 year in jail, with no minimum sentence ( no jail time possible)
• Alcohol assessment and evaluation
• Possible alcohol treatment program
• Loss of your Drivers License for a Minimum of 90 days

Second time Alabama DUI Penalties

• Up to $5,100 in fines
• 5 days-1 year in jail
• 30 days of community service
• Loss of your drivers license for a minimum of 1  year

Third time Alabama DUI Penalties

• Up to $10,100 in fines
• 60 days to 1 year in jail
• Loss of your drivers license for a minimum of 3 years
• Court Ordered Alcohol Treatment Program

Fourth time Alabama DUI Penalties

• Considered a Class C Felony
• Up to $10,100 in fines
• 1-10 years in jail
• Loss of Drivers License for 5 years
• Court Ordered Alcohol Abuse Program

  Reinstating your driver’s license when all is said and done will cost $275.

Many of these penalties (which can also include an installation of an ignition interlock device in your car) are negotiable upon a guilty plea and/or the expertise of an Alabama DUI Lawyer. Not only can a DUI lawyer help negotiate the best deal with a guilty plea, but it’s possible they can get you a not guilty sentence if your rights were violated at the time of your Alabama DUI arrest. Many AL DUI lawyers offer free consultations to discuss the unique circumstances of your case.

Alabama DUI Insurance Costs

If you are convicted of an Alabama DUI, more often than not, your insurance company will find out about the DUI and will deal with you in one of two ways. Typically, your rates will go up, sometimes substantially, or, the company will simply cancel your policy. If your insurance company raises your premiums but keeps you as an insured, you will likely be labeled a “high-risk driver.” You may be required by the insurance company to provide the Alabama DMV with an SR-22 Proof of Insurance Certificate, which removes your license suspension by providing the state with proof that you are insured.

Obtaining a Hardship License in Alabama

Alabama does not offer a hardship license if your license has been suspended or revoked. This means you will not be given special permission to drive to and from work or to drive on the job.

A man has been charged with an Alabama DUI after hitting three cyclists with his vehicle. The suspect was arrested and taken to the Baldwin County Jail after the accident and charged with Alabama drunk driving.

Each of the cyclists was hospitalized after the accident, but none sustained serious or life threatening injuries from the accident.

Under the Circumstances Alabama DUI law allows a range of penalties from up to a year in jail if it is a first or second DUI.

A DUI charge against a Mobile, AL DUI lawyer has been dropped due to lack of evidence.

The prosecution was stymied by the defendant’s refusal to take a Breathalyzer test when he was pulled over Dec. 6. He spent a night in the Mobile County Metro Jail and, because he would not take the Breathalyzer, had his driving license suspended for 90 days, in accordance with Alabama law.

His attorney, Richard Alexander, said, “A seasoned prosecutor looked at this thing and made a decision that he was not going to be able to prove the case.”The Mobile DUI Lawyer himself has been quoted in the Press-Register as saying he advises his clients in Alabama DUI cases not to take Breathalyzers.

The prosecution said the threat of not being able to drive in response to refusing a Breathlayzer might carry more weight if state law required a suspension for six months or longer.

“If they refuse to take the test — and DUI lawyers know it best — it makes it difficult to win the case,” Mobile County Sheriff Sam Cochran said Thursday.

This was the second DUI charge dropped against the lawyer who specializes in DUI law. His initial Alabama DUI charge came in 2001. The case was dropped provided he didn’t get another DUI within six months.

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Have you been accused of an Alabama DUI?

Whether you refused your breath test or not, when you are accused of an Alabama DUI you’ll need a DUI lawyer specializing in AL DUI law to represent you. Every DUI case is unique and you will need to go over every detail of your DUI case with your chosen Alabama DUI lawyer. Otherwise, expect to receive the stiffest penalties the state of Alabama has to offer.

As you can see, this man who happends to be a DUI lawyer refused his breath test and was able to avoid a conviction, but not a 90 day license suspension. Just a thought.

Law enforcement agencies throughout Alabama are gearing up for an Alabama DUI campaign and Gov. Riley has awarded grants of $250,000 to help fund the increased enforcement.

The campaign runs Aug. 21 through Sept. 7, covering the two weeks leading up to Labor Day. Funding will help pay overtime for law enforcement officers across Alabama to increase their presence on highways.

The Alabama Department of Economic and Community Affairs is administering the grants from funds made available to the state by the National Highway Traffic Safety Administration. Here is how the money is being divided:

• The Etowah County Commission was awarded $25,050 for the Northeast Alabama Traffic Safety Office which serves Cherokee, DeKalb, Etowah, Jackson, Madison and Marshall counties.
• Gadsden State Community College was awarded $22,445 for the East Alabama Highway Safety Office which serves Calhoun, Chambers, Clay, Cleburne, Coosa, Randolph, Talladega and Tallapoosa counties
• Jefferson State Community College was awarded $37,050 for the Birmingham Regional Highway Safety Office which serves Bibb, Blount, Chilton, Jefferson, Shelby, St. Clair and Walker counties
• Enterprise-Ozark Community College was awarded $23,485 for the Southeast Alabama Traffic Safety Office which serves Barbour, Butler, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston and Pike counties.
• Northwest Shoals Community College was awarded $39,145 for the North Alabama Highway Safety Office which serves Colbert, Cullman, Franklin, Lauderdale, Lawrence, Limestone, Marion, Morgan and Winston counties.
• The Mobile County Commission was awarded $28,185 for the Highway Traffic Safety Division which serves Baldwin, Escambia and Mobile counties.
• The Alabama Tombigbee Regional Commission was awarded $18,790 for the Highway Traffic Safety Division which serves Choctaw, Clarke, Conecuh, Dallas, Marengo, Monroe, Washington and Wilcox counties.
• Shelton State Community College was awarded $22,445 for the West Alabama Community Traffic Safety Office which serves Fayette, Greene, Hale, Lamar, Perry, Pickens, Sumter and Tuscaloosa counties.

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Have you been accused of Drunk Driving in Alabama?

Unless you hire a Qualified Alabama DUI lawyer here is what you can expect for a first time Alabama DUI conviction:

A first time Alabama DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The DUI defendant will also be ordered to attend a court approved substance abuse program and he will have his driver’s privilege suspended for 90 days.

Alabama’s “look-back” period for DUI laws is 5 years. This means that if a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. However, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense.

On the other hand an experienced AL DUI lawyer can get you off the hook or at least the best deal possible. It’s what they do.

Alabama Senate Majority Leader Zeb Little pleaded guilty Monday to driving under the influence of liquor and having an open liquor container in his pickup.

The 40-year-old Democrat from Cullman admitted his guilt in Jefferson County District Court as part of a plea agreement with prosecutors. District Judge Sheldon Watkins fined him $625, gave him a suspended 30-day sentence and ordered him to attend driving classes. Little will also lose his driver’s license for 90 days.

The judge dismissed charges of failing to yield for an emergency vehicle and having an expired driver’s license.

After the court hearing, Senate President Pro Tem Rodger Smitherman, D-Birmingham, said he still has confidence in Little as a Senate leader and Little handled the arrest correctly.

“It was the right thing to do to address his situation straight on,” Smitherman said.

Little, an attorney, appeared in district court with his lawyer, former state Criminal Appeals Court Judge Bill Bowen. He sat with others in a courtroom crowded with people charged with driving offenses, but he stood out because he was wearing a coat and tie and most others wore jeans.

The judge did not lecture the senator or discuss the dangers of drunken driving. He simply processed Little’s case like he did the others.

Little was arrested April 3 in Jefferson County after striking another vehicle on Interstate 65. After his arrest, he acknowledged that he had “struggled with alcohol” at various times in his life and would accept responsibility for his actions.

“I’ve done that today,” he said as he left the courthouse.

Little also said he is “taking every step I need to make sure this never happens again,” but he would not elaborate.

Little said he did not use his powerful position in the Alabama Senate to seek special treatment.

Asked if he plans to run for a fourth Senate term next year, he said, “We’ll address those questions in due course.”

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