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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.

The emergency rooms of Texas hospitals routinely treat those involved in automobile accidents. By some estimates, half of the patients brought to ER were driving while intoxicated, yet the police are not notified and no DWI arrest is made.

Trauma doctors are not required by law to report drunk drivers. Even if the case is reported, there typically is no evidence for the prosecutor to work with as doctors are also not required to test for blood alcohol content.

There is a financial reason for not testing for alcohol, as insurance providers routinely use a 60-year old federal statute to deny coverage for injuries caused by intoxication. Instead of running the risk of not being reimbursed for services, hospitals limit their actions to their primary function of treating the injured. Doctors have also said that it is not their role to act as law enforcement.

Six states do require hospitals to report drunk drivers and eleven states have laws requiring insurance companies to pay claims for alcohol related injuries. While such measures have been proposed in the Texas State Legislature during the past three sessions, currently the state has neither provision. In the interim, motorists who have been involved with alcohol related accidents are not being charged with Texas DWI.
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