Was the Traffic Stop Legitimate?

One of the first questions to ask is whether the police had a valid reason to pull you over in the first place. Law enforcement needs a legitimate reason to stop your vehicle, such as a traffic violation or reasonable suspicion of criminal activity. If the stop wasn’t lawful, any evidence gathered during the stop, including breathalyzer results and officer observations, could be thrown out. This means the case against you could be significantly weakened or even dismissed.

Another aspect of this defense involves the conduct of the officer during the stop. If the officer didn’t follow proper procedures or violated your rights, this could also impact the validity of the traffic stop. For example, if the officer didn’t read you your Miranda rights before interrogating you, any statements you made might be inadmissible in court.

Issues with Testing Procedures

The accuracy and reliability of blood alcohol concentration (BAC) tests are critical in DUI cases. There are several ways to challenge these tests:

Faulty Breathalyzer

Breathalyzers are machines, and like any machine, they can malfunction. If the breathalyzer wasn’t properly calibrated or maintained, it might produce inaccurate results. Additionally, certain medical conditions or even the consumption of some foods and drinks can affect breathalyzer readings.

Improper Blood Test Handling

Blood tests are often considered more accurate than breathalyzers, but they’re not foolproof. The way a blood sample is collected, stored, and analyzed can impact the results. If there were mistakes or lapses in the chain of custody, the test results might be challenged.

Field Sobriety Test Errors

Field sobriety tests are subjective and can be influenced by many factors unrelated to alcohol consumption. If you were tired, nervous, or had a medical condition, it might have affected your performance on these tests. An experienced attorney can argue that the results of these tests are unreliable and should not be used against you.

Medical Conditions and Prescription Medications

Sometimes, medical conditions or prescription medications can mimic the signs of intoxication. For instance, conditions like acid reflux, diabetes, or neurological issues can cause symptoms that an officer might mistakenly interpret as intoxication. Similarly, some prescription medications have side effects that can affect your coordination or speech. If you have a medical condition or were taking medication that could have influenced the officer’s observations or test results, this could be used as a defense.

Witness Testimony

Witnesses can play a crucial role in your defense. If there were passengers in your car or bystanders who saw the traffic stop, their testimony might support your version of events. For example, they might testify that you weren’t driving erratically or that you hadn’t been drinking before driving. Witnesses can provide an additional layer of credibility to your defense and help cast doubt on the prosecution’s case.

Have You Been Charged with an Alabama DUI?

Facing a DUI charge in Alabama is a serious matter, but it’s important to remember that you have options. At Stoves Law Firm, our Birmingham DUI lawyer understands the complexities of DUI cases and is here to help you effectively defend against the allegations you face. Whether it’s questioning the legitimacy of the traffic stop, challenging the accuracy of test results, or presenting medical evidence, we’ll work tirelessly to build the strongest defense possible for your case. If you’ve been arrested for a DUI, don’t hesitate to reach out to us for a consultation. Together, we can explore your options and fight for your rights. You can reach us at (205) 823-7233 or through our secure online contact form.

Under Alabama law, driving under the influence (DUI) prohibits any individual from driving or being in “actual physical control” of a vehicle: (1) with a blood alcohol concentration (BAC) of .08% or more, or (2) while under the influence of drugs, alcohol, or any impairing substance—or combination thereof—to a degree that renders the person incapable of safely driving a vehicle. The necessary BAC threshold is reduced to .04% or more if the licensee is driving a commercial vehicle, and drivers under the age of 21 cannot legally operate a vehicle with a BAC of .02% or more.

Driving and “Actual Physical Control”

While actually driving under the influence, DUI, and operating a vehicle while intoxicated is a well-known crime, in Alabama, a motorist can be charged with a DUI without actually driving or having the car in motion. The Alabama DUI statute includes anyone who’s in “actual physical control” of the vehicle. “Actual physical control” is defined as the exclusive physical power and present ability to operate, move, park, or direct whatever use or nonuse is to be made of the motor vehicle at the moment.

Alabama First DUI Penalties

For sentencing purposes, Alabama generally counts only prior DUI convictions that occurred within the past 10 years. A first DUI within 10 years is a misdemeanor (under most circumstances) and carries: (1) up to one year in jail, (2) $600 to $2,100 in fines, (3) a 90-day license suspension, and (4) a six-month ignition interlock device (IID) requirement. For offenses involving a BAC of .15% or more, the judge is required to sentence the defendant to the full year in jail (although the judge can “suspend” all or a part of it). In cases involving a BAC of .15% or more, child passengers, or a chemical test refusal, most of the penalties are doubled.

A driver who’s younger than 21 years old and operates a vehicle with a BAC of .02% to .08% can be convicted of an underage DUI violation. A first-offense underage DUI does not carry jail time or fines but will result in a 30-day driver’s license suspension. However, a second or subsequent DUI will carry the standard second-offense DUI penalties.

Have You Been Charged for a Crime in Alabama?

If you or someone you love has been charged with a serious crime in in Jefferson, Shelby, or Tuscaloosa County Alabama, let the veteran criminal defense attorneys at the Stoves Law Firm help you get the legal defense you deserve. When your future is on the line, having an experienced team of lawyers by your side can make all the difference. Our attorneys have successfully represented criminal defendants at every stage of their case and we take great pride in being able to help our clients overcome the charges they face so they can get their lives back on track. If you have questions about your case, call us today at (205) 823-7233 and schedule a free and no-obligation initial consultation with an Alabama criminal defense attorney in our office.