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Defenses to an Alabama DUI Charges

Highly Experienced Birmingham DUI Attorney Skilled at Developing Creative and Effective Defenses in Pursuit of the Best Possible Outcome

If you’re like most people, you never thought you would end up facing criminal DUI charges. However, according to the most recent data, about 150 out of every 100,000 people in Alabama get arrested for a DUI each year. This means that every year, there are about 7,500 Alabamians who pick up a DUI case.

In Alabama, a DUI conviction carries serious consequences, including fines, license suspensions, and possible jail time. Thus, if you face DUI charges in Birmingham, Tuscaloosa, or Huntsville, it is essential you work with an experienced DUI attorney at the Stoves Law Firm, P.C. At the Stoves Law Firm, P.C., Attorney Jason Stoves has earned the reputation as being one of the best DUI lawyers in Alabama by aggressively fighting on behalf of every client he helps.

Five Common Defenses to Alabama DUI Charges

There is a common misconception that DUI cases are impossible to fight. That’s simply not the case. Like every other criminal charge, there are many DUI defenses that can reduce the seriousness of the charges, cause the prosecution to withdraw the case against you, or result in a not guilty verdict at trial. Below are some of the best defenses to Alabama DUI Charges.

Lack of Probable Cause for the Traffic Stop

In Alabama, a common defense for DUI charges is arguing that the officer did not have a valid reason, or probable cause, to make the initial traffic stop. If the police officer pulled you over without observing any traffic violations or suspicious behavior, it might be possible to challenge the legality of the stop. If the court agrees, any evidence gathered during the stop could be dismissed.

Inaccuracy of Field Sobriety Tests

Field sobriety tests are designed to assess your physical and cognitive abilities, but they are not always reliable. Factors like nervousness, physical disabilities, or even wearing unsuitable footwear can affect your performance. If you can show that the conditions were not ideal or that you have a condition that could skew the results, this defense might be used to question the evidence against you.

Faulty Breathalyzer Test

Breathalyzer tests are used to measure blood alcohol content, but they must be properly calibrated and administered. In Alabama, you can challenge the results if there is evidence that the device was faulty or the operator was not properly trained. Documentation of maintenance and calibration of the device can be crucial in this defense.

Rising Blood Alcohol Concentration

The defense of rising blood alcohol concentration argues that your blood alcohol level was below the legal limit while you were driving but rose between the time of driving and the time the test was administered. This can occur if alcohol was consumed shortly before driving. Proving this timing can be complex but it can be an effective defense if the blood alcohol tests were conducted some time after the arrest.

Medical Conditions

Certain medical conditions can mimic symptoms of intoxication or interfere with breathalyzer tests. Conditions like diabetes, hypoglycemia, or even acid reflux can produce results that might falsely suggest a high blood alcohol level. Providing medical records and expert testimony regarding your condition can help challenge the DUI charges.

Refusing Testing Can Increase Your Defense Options

When facing a DUI charge in Alabama, you might think that refusing to take a breathalyzer or other sobriety tests could make your situation worse. And, while a refusal will typically result in an automatic license suspension, there are times when refusing chemical testing can actually increase your defense options to the underlying DUI charge.

First, without a breathalyzer or blood test result, there is less direct evidence of your blood alcohol content (BAC). This means the prosecution has to rely more on subjective evidence, like the police officer’s observations of your behavior or performance on field sobriety tests. These types of evidence can be more easily challenged in court than the scientific results from a breathalyzer.

Secondly, if you refuse the tests, the prosecution cannot precisely prove your BAC at the time you were driving. They can only speculate based on other factors, which provides your Birmingham DUI defense attorney with a better chance to argue that you were not over the legal limit. This is especially helpful if you believe your BAC was close to the limit, as the exact number can make a significant difference in proving guilt.

However, it’s important to remember that refusing a breath test can also lead to automatic penalties, like a suspended driver’s license, under Alabama’s implied consent laws.

Have You Been Arrested for an Alabama DUI?

If you were recently arrested for an Alabama DUI, it is important you understand all the possible defenses that could apply in your case. At the Stoves Law Firm, P.C., we take pride in aggressively advocating on behalf of good people who find themselves in bad situations. It’s not our job to judge, but it is our job to make sure that we do everything possible to ensure your case doesn’t end in a conviction. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.

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