Birmingham DUI Arrests Likely to Increase on Cinco De Mayo

Posted by Steven Eversole | May 03, 2012 | 0 Comments

While Birmingham DUI attorneys want everyone to have a great Cinco De Mayo celebration, we would caution you about the increased risks of getting slapped with a Birmingham DUI this weekend.


It doesn't even matter if you're out specifically enjoying the Mexican-themed festivities or not: Law enforcement agencies are going to be out in full force in the form of roving patrols, DUI checkpoints and simply waiting outside of bars. They see holidays like this as being easy chance to nab residents, and questionable charges may result.

Celebrations are likely to be more raucous this year because for the first time in five years, the holiday falls on a weekend. Police know this too, which gives them all the more reason to boost their patrol officers and support staff.

In years-past on this and other holidays known for alcohol consumption, Apple customers could download apps to inform them where Birmingham DUI checkpoints might be. The app was voluntarily removed by the company last summer, following the request of lawmakers across the country.

Suffice it to say, though, Birmingham DUI checkpoints are likely to be deployed. And there are still likely to be more than a few arrests, in accordance with Alabama Code 32-5A-191.3. This defines impaired driving as anytime someone gets behind the wheel of a motor vehicle when their blood alcohol level can be measured at a rate of 0.8 percent or higher — Or if officers determine the driver is impaired by the influence of other drugs or substances. If you're under the age of 21, that rate drops to .02 percent.

That said, even when it seems there is a fair amount of evidence against you, there are still strategies that an experienced Birmingham DUI lawyer can use that can result in a formidable defense.

The first thing it's important for Birmingham DUI lawyers to point out is that checkpoints have to be done according to very specific protocol. Generally speaking, they have to be carried out using some sort of neutral formula. This means, for example, that officers stop every third car that comes through the checkpoint. This ensures that officers aren't profiling people based on their race, religion, sex, etc.

Secondly, Birmingham DUI checkpoints have to be done for a certain, limited amount of time and with the primary consideration for public safety. That means that, for the most part, you're not going to see them conducted on every street or on every weekend. However, you shouldn't allow this to make you complacent.

And finally, there has to be advanced warning of the checkpoint. Usually, this is not an issue because law enforcement agencies like to get the word out that they are out doing what they're paid to do. However, that doesn't necessarily mean they are doing everything according to procedure.

Lastly, a note about field sobriety tests. These tests are highly subjective, and often easy to fail. Unless you are positive you can pass it, there's no reason you should take it.

Do Not Plead Guilty. If you or a loved one has been arrested for DUI in Birminghamor in any of the surrounding areas, contact Eversole Law Offices for a free initial consultation. Call 866-831-5292.

Additional Resources:
Cinco de Mayo Checkpoints to Pop Up Nationwide, By Andrew Chow, Reuters

More Blog Entries:
New Technology the Next Hassle for Alabama DUI Defendants, April 14, 2011, Birmingham DUI Lawyer Blog

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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