In the state of Alabama, Code section 32-5A-191 defines a DUI to include not just driving with a blood alcohol content above .08 but also driving while impaired or intoxicated by any substance that prevents you from being a safe driver. To determine whether you are driving under the influence and breaking the law, this means that there must be tests in place to assess not only your blood alcohol content (BAC) but also to test your faculties and determine if you are impaired.
Unfortunately, not all DUI testing is accurate and sometimes you may be charged with a DUI based on faulty testing or incorrect accounts of the situation given by law enforcement. Challenging DUI tests is one of the main ways that the experienced Birmingham DUI lawyers at the Eversole Law Office can defend clients against DUI charges and help them to avoid conviction. We have helped countless clients in Jefferson, Madison and Shelby Counties and throughout Alabama to walk away from a DUI with a clean record and we may be able to help you too. Contact us today at (866) 831-5292 for a free evaluation of your case to learn how we can help.
DUI Tests in Alabama – Birmingham Drunk Driving Defense
In the state of Alabama, a number of different DUI tests may be used to determine if you are intoxicated at the time when you are behind the wheel. These tests include:
- Breath Tests/ Breathalyzers. Breathalyzers can malfunction if they are not maintained properly, or can be used incorrectly by law enforcement officials who are not properly trained. The results can also be affected by a number of factors- including whether you suffer from diabetes or antacid issues- and are a notoriously unreliable way of measuring blood alcohol content.
- Field sobriety tests. Field sobriety tests may include standing on one leg; being asked to recite the alphabet either forwards or backwards; being asked to touch your nose or walk in a straight line; or performing a number of other physical or mental tests that assess whether your faculties are impaired. Unfortunately, field sobriety tests are unreliable for a number of reasons including a lack of subjective measure for what is a normal performance on these tests, as well as due to the fact that test anxiety, age, gender and size can impact your ability to pass the test. In fact, there are only three nationally recognized field sobriety tests. Most of the antics officers have a suspect perform are meaningless.
- Urine test. Urine tests are often used as an alternative to breath tests since a breath test cannot detect the presence of drugs. Urine tests are also subject to problems with reliability, especially if the urine sample is not collected in a timely manner, or if the sample was contaminated during collection or before testing. A urine test might also reveal drugs in your system even if you were not actually high or impaired at the time when you were driving.
Each of these DUI tests performed by law enforcement have problems that can make the test an unreliable method of determining whether you are actually intoxicated while you are behind the wheel. At the Eversole Law Office, we have been able to successfully challenge these and other DUI tests in order to get charges dropped or to win a not-guilty verdict.
The sooner we take a case, the sooner we can begin to work with you to build evidence for a DUI defense and to challenge the DUI tests performed. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out ourconfidential online case evaluation form or visit our office in downtown Birmingham.