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Phone: 205-994-6142 Toll Free: 877-315-0043

RECENT VERDICTS :

Statutory Rape (Dismissed) :: Murder (Reversed on Appeal, Mistrial, Client Freed on Time Served) :: Murder (Client Exonerated) :: Fraud by Public Official (Client Exonerated) :: Rape (Charge Reduced to Misdemeanor; Probation) :: Assault with Intent to Murder (Dismissed at Trial) :: Medicare Fraud and Abuse (Dismissed) :: Child Abuse Charge v. Police Official (Dismissed Before Trial) :: DUI Murder Charge (Reduced to Misdemeanor; Probation) :: Federal Indictment of Sheriff (Dismissed with Prejudice at Trial) :: Truck/Car Wreck Causing Quadriplegia (Multi-Million Dollar Settlement) :: Medicare Fraud and Abuse Investigation (Dismissed) :: Illegal Gambling Charges and Criminal Forfeiture (Dismissed and Property Returned) :: Theft of Property, 1st Degree (Dismissed) :: Assault (Dismissed) :: Capital Murder (Reduced to Manslaughter) :: Domestic Violence (Dismissed) :: Unlawful Possession of Marijuana; Public Intoxication (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Domestic Violence (Dismissed) :: Domestic Violence; Harassment; Criminal Coercion (Dismissed) :: Driving Under the Influence (Dismissed) :: Criminal Trespassing; Disorderly Conduct (Dismissed) :: Trafficking Marijuana; Traffic Cocaine (Cases Dismissed) :: Failure to Register (Dismissed) :: Federal Unlawful Distribution of a Controlled Substance; 3 Counts (Acquittal-Dismissed with Prejudice) :: Federal Unlawful Possession of Controlled Substance-Crack Cocaine (Dismissed) :: Rape, 1st Degree (Dismissed) :: Public Intoxication (Dismissed) :: Theft of Property (Dismissed) :: Time Restrictions Employment; Minor Employed/Alcoholic Beverages Sold (Dismissed) :: Minor in Possession (Dismissed) :: Assault, 2nd Degree (Dismissed) :: Theft of Property (Dismissed) :: Driving Under the Influence (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Attempted Rape 1st Degree, Sodomy 1st Degree, Attempted Burglary (Attempted Rape amended to Assault 3rd, Remaining cases Dismissed) :: Assault (Dismissed) :: Driving Under the Influence, 2nd Offense (Dismissed) :: Domestic Violence (Dismissed) :: Gambling Possession; Gambling Promoting; Criminal Forfeiture; Unlawful Possession of Firearm; Unlawful Possession of Marijuana and Unlawful Possession of Paraphernalia (All Felony Charges Dismissed; Unsupervised Probation on Misdemeanor Charges; Forfeiture Property Returned) :: Domestic Violence/Harassment (Dismissed) :: Unlawful Possession of a Controlled Substance (Dismissed) :: Theft of Property, 1st (Amended to the Misdemeanor charge of Theft of Property, 3rd) :: Interfering with Custody (Amended to the Misdemeanor charge of Obstruction of Government Operations) :: Unlawful Distribution of a Controlled Substance (Unsupervised Probation Granted; Dismissal of Unlawful Distribution of Marijuana and Possession of Paraphernalia) :: Theft of Property (Dismissed) :: Sexual Abuse of a Minor (Dismissed) :: Harassing Communications (Dismissed) :: Sexual Abuse, 1st Degree (Amended to Misdemeanor Harassment) :: Unlawful Possession of Marijuana (Dismissed) :: Capital Murder (Acquittal) :: Making Terrorist Threat; Domestic Violence 3rd (Dismissed on Plea to Public Intoxication) :: Child Abuse 1st Degree (No Billed) :: Harassment (Dismissed)

What does it take to be convicted of drunken driving in Alabama?

Last time, we began looking at DUI charges in Alabama and what is required for a defendant to be convicted in Alabama. As we noted last time, prosecutors attempt to prove drunk driving differently depending on the type of evidence they have available.

In cases where there is evidence that the driver’s blood alcohol concentration exceeded the legal limit, charges will be proven differently than if the government only has evidence of behavior suggesting intoxicating. A criminal defense case is always prepared in response to the specific charges the government is pursuing, so DUI defense really depends on exactly each case. 

When charges are based on blood alcohol concentration, it is important to consider whether things like: whether officers acted properly in taking the test; whether the test was administered according to established protocol; whether the device was accurately set up; and whether the evidence itself was accurately accounted for in the chain of custody.

Evidence based on signs of intoxication can be quite varied, and can include things like traffic violations, the defendant’s appearance and smell at the time he or she was stopped, performance on roadside sobriety tests; and the defendant’s overall demeanor. Evidence presented as indicating an inability to safely operate a motor vehicle because of intoxication is not always what it seems, and it is important to work with an experienced criminal defense attorney to carefully scrutinize the reliability and relevance of all the government’s evidence. Doing so ensures that one has a fighting chance to reach the best possible outcome in the case.

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The Bloomston Firm
2151 Highland Avenue South Suite 310
Birmingham, AL 35205

Toll Free: 877-315-0043
Phone: 205-994-6142
Fax: 205-212-9701
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