A Mobile woman was recently charged with DUI after she drover her vehicle into a house, Fox News reports.
Most people faced with a DUI charge only face a misdemeanor, but causing injuries to others, property damage or having several DUI convictions on a person's record can open them up to a felony DUI charge in Birmingham. With any DUI case, but especially a felony charge, hiring an experienced and aggressive Birmingham DUI Defense Attorney is important. Fighting the charge aggressively is critical in order to avoid the severe penalties brought on by a DUI conviction.
According to the news article, the woman was driving one recent late afternoon when she sped around a curb, lost control and opened her door, witnesses said. They told the TV news station that the woman fell out of the vehicle, rolled and her head bounced on the ground three times.
Witnesses said the driver clipped a power pole, plowed a new driveway and hit a house, ripping open the wall, knocking over a dresser and tossing a computer. There were no injuries in the house.
The homeowner said that after the crash, he asked the woman if she was alright and he told the woman it seemed as if she was drunk. She allegedly told him she wasn't drunk, then admitted to having a couple beers. Police charged her with DUI.
DUI charges in Birmingham carry serious penalties that must be defended from the start. While some people believe that a DUI arrest is indefensible, there are many aspects of a case that can be challenged.
Field Sobriety Testing: Field sobriety tests are conducted when a person is investigated for DUI after a stop. They are: the walk and turn, horizontal gaze nystagmus and the one leg stand.
Whether or not an officer was properly trained to conduct these tests would be one of the first things to examine, as well as whether the tests were accurately done. Also, surveillance video from the dashcam of a cruiser can sometimes dispute the officers' written observations. A medical or physical limitation in the driver can also explain failed tests.
Breath testing: Law enforcement officers who conduct DUI investigations will almost always ask a person to submit a test through a breathalyzer. It's a device with a tube at the end that is said to measure a person's blood-alcohol level. But because it is based solely on a person's breath, it cannot accurate measure anything, but only provide an estimate.
Gases in a person's system, as well as weather conditions can affect these results. Plus, poor calibration of a device or manufacturing errors have been known to cause prosecutors to drop cases throughout the country.
And that's just two areas of a typical DUI case in Birmingham that can be challenged by an experienced DUI attorney. There are others. So, while the public sometimes believes that a DUI arrest is 100 percent, ironclad proof, it's not. Officers make mistakes and people are often innocent of the charges. So, aggressively fighting the charges is important. The first step is to consult with a Birmingham DUI attorney as soon as possible to go over the case.
More Blog Entries:
Roy Moore's Underage Son Arrested for DUI in Alabama: July 22, 2011
Man Faces Prison After 18th DUI in Alabama: July 16, 2011
Woman plows car into home, by John Rogers, Fox News