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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?

For those who are first coming into contact with the criminal justice system in the context of a DUI charge, there can be a lot of questions. How will this affect my life, my job, my family? How much will it cost me? Will I go to jail? These and other questions may arise. One important question that can and should come up, though, is: does the government have enough evidence to convict me of DUI?

Simply because an individual is cited for DUI doesn’t mean the government will press charges. It depends on the circumstances of the case and the discretion of the prosecutor handling the case. If charges are filed, one then has to face those charges in court and it is important to work with an experienced attorney to ensure that one has the strongest possible defense. 

Under Alabama’s DUI statute, there are various grounds on which an individual may be convicted of DUI. Driving under the influence of alcohol is one such ground. Driving under the influence of a control substance to the extent that it makes the individual incapable of driving safely is another. Another ground is the operation of a motor vehicle with a blood alcohol content of 0.08 percent.

Each of these grounds is proven a little differently. For example, proving that a driver was under the influence of alcohol at the time of the arrest is going to be proven a little differently than driving under the influence of a controlled substance to the extent that the individual was unable to drive safely. By the same token, proving a 0.08 blood alcohol concentration involves its own unique challenges and issues.

In our next post, we’ll keep looking at this topic and why it is important for those facing drunken driving charges to work with an experienced criminal defense attorney to build the strongest possible 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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