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Birmingham, AL, DUI Update: Is Hiring an Alabama Drunk Driving Defense Lawyer Absolutely Necessary?

Posted by Steven Eversole | Mar 24, 2010 | 0 Comments

Whether you have been arrested for driving under the influence of alcohol in Tuscaloosa, Prattville, Anniston or Opelika, a drunk driving arrest and conviction can make your life rather difficult going forward. With so much to lose, it make sense to hirie an experienced Alabama drunk driving defense attorney.

Perhaps you've recently been stopped for driving while intoxicated or maybe you received a summons for being drunk just sitting in your parked car. The first question you should ask yourself is: Was I drunk? Maybe yes, maybe no. It all depends. Then, consider is the DUI charge was truly warranted? Perhaps it was, but then again maybe not. Like any part of the law, DUI convictions are based on many facts, and no outcome is completely written in stone.

As a Birmingham DUI defense attorney, many of my past clients feel they were unjustly charged with drunken driving. While some of these folks may have actually broken the law, the majority of them understood that the consequences of a DUI conviction are substantial. Basically, they wanted to try and improve the outcome for themselves.

One thing that makes people believe the prosecutor's office has a solid case against them is the reading on that ominous breath test machine. Surprisingly, if you blow a reading that is over the legal limit — equal to or more than 0.08 percent blood alcohol content (BAC) — it does not automatically mean you will be convicted of a DUI charge. So don't think you are completely out of luck because a breathalyzer registered a legally drunk BAC.

There are several factors that affect your BAC, and there are also a number of other things that can influence the final Breathalyzer reading. Every experienced drunk driving defense lawyer worth his salt should know the how a Breathalyzer works, how it should be maintained and how a law enforcement office should use it to measure a driver's BAC.

For instance, many people don't realize that a breath-testing machine can often mistake other chemicals for alcohol. Also, burping, hiccupping or vomiting can cause the device to have an incorrect BAC reading. The reason is that a Breathalyzer is designed to measure the amount of alcohol coming from your lungs. If you burp, hiccup or vomit prior to the test, any alcohol in your stomach can travel to your mouth, something called “mouth alcohol,” which can then cause the machine to return a distorted BAC reading.

This is just one example of why you should always consult a DUI defense lawyer if you are charged with drunk driving. The consequences are far too serious not to fight for your day in court.

About the Author

Steven Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama

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