DUI charges and penalties will increase with any aggravating circumstances, including those involving car collisions, accidents, injuries, damage to property, and bodily harm to another person. In a recent Alabama case, a Tuscaloosa man was arrested and charged earlier in January with his third DUI offense. For this defendant, the charges and penalties could be even more severe as he was convicted in a 2012 DUI case that resulted in the death of an 8-year-old girl.
Every drunk driving case is based on a different set of facts and circumstances. Police officers will be collecting evidence to be used against a defendant in court even before an arrest has been made. Our drunk driving defense lawyers in Birmingham know how complicated DUI cases can be and work with defendants to achieve the best possible outcome. We will initiate an immediate investigation to collect evidence on your behalf and work to ensure that our clients are not over-charged or over-penalized for DUI allegations.
According to reports, the 66-year-old man was charged in April of 2012 with murder, manslaughter, first-degree assault, vehicular homicide and leaving the scene of an accident. Police reports indicated that the man struck a mother, an 8-year old, and a 3-year old who were walking on the shoulder after leaving an airshow. Witnesses stated that the man swerved out of his lane and struck the family with his pickup.
Court records indicate that the driver has not yet been sentenced and was arrested for the third DUI while out of jail on bond. The bond was revoked after he was pulled over and arrested for allegedly driving under the influence again. The arresting officers said he was stopped on McFarland Boulevard, a notoriously busy highway in the Tuscaloosa area. As with any DUI arrest, officers will be looking for signs of intoxication, including swerving off the road or other traffic violations such as speeding or running a red light. An officer must have probable cause to pull you over for suspected drinking and driving. In this case, the officers revoked the bond of the defendant immediately after his arrest.
The defendant is being held with his bonds revoked and will not be released from holding until the 2012 criminal charges have been resolved. Court records indicate that the defendant pled guilty to a first DUI in 1981. Blood-alcohol results presented by the prosecution from this first arrest were .14. Due to the severity of the charges waged against the defendant involving the 2nd arrest, he will likely face extended jail time. If convicted on the 2nd charge, he will also face more severe penalties for the 3rd and most recent DUI allegations.
DUI defendants should have their case reviewed by an experienced legal advocate. The circumstances of your arrest can impact the charges you face. Any aggravating circumstances including an accident, property damage or bodily injury could increase charges and penalties. Any prior DUI arrests and charges could lead to more serious penalties. Currently, Alabama legislators are also considering an amendment to DUI laws to include prior arrests out of state during sentencing. For individuals with a prior DUI or DWI charge outside of Alabama, this could impact penalties for a DUI conviction.
Call Birmingham DUI Defense Lawyer Steven Eversole at (866) 831-5292.
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New DUI Defense: Too Drunk to be Prosecuted? Oct. 12, 2013, Birmingham Underage DUI Defense Lawyer Blog
New Year's Partiers Can Avoid DUIs, Dec. 28, 2013, Birmingham DUI Lawyer Blog