Drunk Driving FAQ In AL

If I am pulled over by a police officer and he asks if I had been drinking alcohol, what should I say?

Anyone who is pulled over by the police should understand his or her rights under AL law. Included in these rights are the Miranda rights. Miranda rights states that any person has the right to remain silent and if they want to waive these rights and talk to the police officer, anything they talk about can be held against them in the court system. It is a wise idea to cooperate with the police, but it is a better idea to protect yourself totally by not answering any questions. Just tell the officer you would like to speak with a lawyer before answering any of his/her questions. This statement should prevent any further questioning by the police.

Do I have a right to a lawyer when I am pulled over by the police and asked to perform field sobriety testing?

Typically, no. It is important to know the difference between field sobriety testing and a test of your blood, breath or urine for alcohol content in Alabama. There is usually no right to speak to an attorney before performing field sobriety testing (finger to nose test, walk and turn, one leg stand, pen light tests, etc.), however you may be allowed to speak with an attorney prior to submitting to a chemical test of your blood, breath or urine (which determines BAC) or after you are arrested. Understand that you don't have to submit to any field sobriety testing. If you deny any field sobriety test, no crime has been committed.

Anytime you would like to talk to an AL DUI lawyer, you should ask to do so. The issue of whether or not you were allowed to speak with an attorney can be argued by an experienced Alabama DUI defense attorney.

If an officer asks or tells me to take a field sobriety test, what should I do?

It is vital to understand the difference between field sobriety tests and a test of your blood, breath or urine for BAC. If you deny to complete a blood, breath or urine test when asked to do so by the police, you will lose your right to drive for 90 days. Although, there is no penalties for refusing to take any field sobriety tests, such as the hand held portable breath test performed roadside, Walk and Turn, One leg Stand, Finger to Nose, Finger Count, any verbal exercises which include reciting the ABC's or 123's, or the Horizontal Gaze Nystagmus (HGN). The HGN is an exercise where you will be asked to follow pen movement in front of your eyes. You have the RIGHT to deny any field sobriety testing!

What if I refuse to take the "breathilyzer", "Intoxilyzer", or any other chemical test to calculate BAC?

Alabama drunk driving laws allow for penalties to be enforced against those who refuse to perform a chemical test by blood, breath or urine. Even when the U.S. Supreme Court has decided the police can use any force necessary to get a person's blood, although force is used in rare occasions. The state relies on the greater penalties for refusing to submit to the chemical test to "let" people submit more willingly. When challenged with the decision of providing a sample of your blood, breath or urine for chemical testing, you should think about a high blood alcohol reading against the penalties for refusing.

Do I need an Attorney in AL? Why can't I just represent myself?

If you desire to fight the charges that have been made against you, it is in your greatest interest to hire a professional Alabama drunk driving lawyer. If it is your first or second offense and don't mind receiving the punishment outlined on this page, you may not need an attorney. You have to realize though, that with each successive DUI received within a five year period (a fourth offense DUI received in any given life time is charged with a felony in the state Alabama), the penalties will be much greater. If you are presented with a felony charge, you should contact an experienced AL DUI lawyer immediately.

What are the fees to retain a lawyer?

The fees of retaining a lawyer varies in AL. The experience and knowledge in the area determines the cost of the law firm's services. As with most other professions, typically the more skilled the lawyer and the larger the city, the higher the fee. Another factor is the amount of time a lawyer usually spends on his/her DUI or drunk driving cases. The more proficient attorneys take on less clients so he/she may spend much more time to each of them.

The range of fees are indeed wide. A small time attorney may charge only $350 while a much more experienced DUI lawyer with a national reputation can charge $16,000 or more, depending on the strength or weakness of the particular case in Alabama. Other fees such as expert witness fees, independent blood analysis, court reporter transcripts will most likely cost more to any quoted fee.