A man arrested recently in Mobile faces his fourth DUI charge, making it possible he faces felony charges and stiffer penalties, Fox News reports.
According to Alabama Code 32-5A-191, a fourth DUI is classified as a Class C felony and is punished by a fine of between $4,100 and $10,000 on top of 1 to 10 years in prison. A judge can also sentence a defendant to electronic surveillance, probation, house arrest and a driver's license revocation.
Alabama's laws punish motorists on a sliding scale, leaving more stringent penalties for those convicted of multiple drunk driving offenses.
According to Fox News, the man has picked up 22 arrests in the last six years, including the recent DUI arrest. According to police, the driver cut off several drivers before police pulled him over. The news reports he has three previous DUI convictions. And because he has prior felony convictions as well, his sentence could be enhanced.
While many people don't take a DUI charge seriously because it's typically filed as a misdemeanor, this story illustrates the need to fight the charge, even the first time. This may be even more crucial for juveniles charged with DUI because a conviction can disqualify teens from getting scholarships, jobs, being admitted to college and holding certain professional licenses. For adults, a conviction can lead to job loss, a ruined reputation and other penalties outside of the criminal justice system.
And our Birmingham DUI Lawyers take pride in fighting drunk driving charges for our clients. And this can be done in many ways, even for people who face a DUI charge after previous convictions.
Probable cause challenges:
-Did the officer have a reason to pull the client over in the first place?
-Even if there was a reason (speeding, weaving in and out of lanes, not using a turn signal, etc.), was there a reason to initiate a DUI investigation?
-Was the law enforcement officer properly trained to conduct these tests?
-Reviewing the dash cam video, if available, to make our own conclusions about how the client performed on the tests.
-Are there medical or physical reasons why the client couldn't perform the tests?
-Was the breathalyzer properly calibrated?
-Did the client recently smoke, eat a certain type of food or was there another outside force (weather, etc.) that could affect the reading?
There are many ways our firm can challenge a DUI case, so even if this is a second or third DUI charge, our firm is able to aggressively defend the charge. Every case is different and therefore requires a fresh look every time. We won't let prosecutors railroad the client simply because of a past incident.
If you choose to refuse the breath test, it means an automatic driver's license suspension. However, a license hearing can be requested and it limits the amount of evidence the state has against you. The second thing to do is make no statements, remain polite and ask to speak with a Birmingham DUI Lawyer immediately.
If you or someone you know is arrested and needs to talk with a Birmingham DUI lawyer, contact Eversole Law at 205-981-2450 for a free consultation.
Previous Blog Entries:
Mobile DUI Suspect Run Over By His Own SUV: June 18, 2011
Mobile man's 4th DUI may mean longer sentence, by Paige Malone, Fox News