Mobile DUI Suspect Was Drunk And High, Police Say

Posted by Steven Eversole | May 17, 2011 | 0 Comments

The Press-Register reports that a Mobile man was arrested by police on charges that he was under the influence of marijuana and alcohol when his vehicle struck a boy on his bicycle recently.

Alabama DUI attorneys believe that every drunk driving arrest in Alabama should be reviewed and we are glad to be the attorneys who do it. Whether charged with a DUI first offense or charges as serious as DUI assault and manslaughter, oftentimes the charges can be reduced, dismissed or beaten at trial.

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In the Mobile incident, a 38-year-old man is charged with DUI, second-degree possession of marijuana and third-degree assault. The boy was treated and released from the University of South Alabama Medical Center.

Though the article doesn't specify, it's likely that drug testing, field sobriety tests and breath tests led to the determination by police that the defendant was drunk and/or high at the time he was driving. These are all areas that an experienced DUI attorney will challenge. Police are alleging it — they man or may not have determined it. Marijuana stays in a person's system for up to 30 days after consumption — long after it has any impact on a person's ability to drive. Too often, a driver who is believed to be drunk or high is automatically blamed for an accident, regardless of whether or not he is at fault. Thus, what may be a tragedy involving a boy and his bicycle suddenly becomes a criminal case against the driver.

Alabama field sobriety tests are often not justified in the first place. An officer has to have probable cause to stop a vehicle. That can be based on any type of traffic violation that they witness. But occasionally, the officer administering the field sobriety tests, which include following a finger, walking in a straight line or standing on one leg, isn't properly trained. A violation of department policy in giving the tests can also be a factor in your case. And in some cases officers give the “alphabet test” or other tests that are not nationally recognized.

Increasingly, Birmingham breathalyzer tests are unreliable in court. There are examples across the country where manufacturing defects or other problems with these devices are causing prosecutors to drop charges against DUI defendants.Alabama DUI attorneys will examine this evidence in your case.

As most people know, DUI charges carry with them a form of public humiliation. But they are serious charges that can be punishable by incarceration, hefty fines and fees, loss of your driver's license and mandatory attendance of DUI schools and programs.

But there are ways to beat DUI charges in Alabama. Let an experienced Jefferson County law firm help you do it.

If you need to speak with a Birmingham DUI defense attorney, contact Eversole Law at 205-981-2450 for a free consultation.

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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