Birmingham DUI Arrests a Holiday Weekend Risk

Posted by Steven Eversole | Jul 04, 2012 | 0 Comments

DUI defense attorneys in Birmingham encourage you to have a safe, enjoyable holiday weekend.

Alabama state troopers will be out in force through the weekend as part of a holiday enforcement blitz. Local law enforcement is expected to join in the efforts, which will include sobriety checkpoints, saturation patrols and stationary speed-detection devices, NBC12 News reported.

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With July 4th falling in the middle of the week, law enforcement has had two cracks at it; the additional enforcement efforts have spanned both weekends. However, whether dealing with a sobriety checkpoint arrest in Alabama, or a DUI stop as a result of a “saturation patrol,” these cases can be beat.

Law enforcement roadblocks — or, so called sobriety checkpoints — are a fundamental violation of your constitutional right to be free from unreasonable and unwarranted search and seizure. Unfortunately, courts have said the public interest in stopping drunk drivers outweighs those rights. However, law enforcement must follow specific rules and procedures when conducting these checkpoints.

Such rules and procedures include ensuring that each motorist is treated equally, and that the selection process is truly random. These requirements provide another area of attack for an experienced Alabama drunk driving defense attorney.

And with saturation patrols, police may be predisposed to pull you over under suspicion of drunk driving. Authorities must have probable cause to first stop your vehicle, and then to request that you perform field sobriety tests or take a breathalyzer examination. When such probable cause is found lacking, a reduction or outright dismissal of your case is likely.

Such holiday enforcement periods also often involve auxiliary officers, volunteers or other personnel. Inadequate experience and insufficient training are primary threats.

Sobriety checkpoints have not been a successful law enforcement tool for at least a decade. In today's social media environment, the location of a police roadblock is know virtually before officers get out of their cruisers. The result is little more than the harassment of motorists and an increase in the number of marginal or questionable arrests. But they pay officers overtime, and departments continue to insist that they are a way to demonstrate proactive law enforcement to the community.

A Birmingham traffic ticket defense attorney can also defend against other serious traffic violations. Holiday enforcement efforts are also expected to target speeding, unsafe lane changes and other dangerous driving behaviors. In some cases, including hit-and-run, reckless operation or driving with a suspended or revoked license, penalties for conviction can include jail time or the immediate loss of your driver's license.

But fighting other traffic violations can keep points off your license and keep your insurance company from having an excuse to jack up your premiums. Under the Alabama Department of Public Safety's, driver's license point system, 12 points in two years will result in the suspension of your driver's license.

-5 points speeding over 25 mph
-6 points reckless operation
-5 points failure to yield
-6 points any charge involving alcohol or drugs
Stay safe and enjoy the holiday weekend. If you find yourself in trouble, don't do anything before you contact the Eversole Law Firm for a free consultation.


If you have been arrested contact Birmingham Defense Attorney Steven Eversole at (866) 831-5292.

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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