Alabama DUI Defenses

If you were recently arrested for driving under the influence (DUI) in Alabama, you may feel there’s nothing you can do to fight the charges against you. After all, you must be guilty if you were arrested, right? Wrong. Contrary to what you may have heard in the past, there are actually numerous Alabama DUI defenses that can be used to reduce, or even eliminate, your DUI charges.

There are several conditions that must be met before you can be arrested for DUI. First and foremost, the arresting officer must have had probable cause to pull you over—in other words, he or she must have had a reason to stop you, whether it was for speeding, running a red light, or any other suspicious behavior. If this probable cause requirement is not met, the charges against you will most likely be dropped.

Next, assuming the traffic stop is justified, the officer must once again have probable cause to suspect you are under the influence of alcohol before he or she can ask you to take a breath test. For example, if you are pulled over for speeding, the officer cannot automatically request a breath test unless you show signs of intoxication. If he or she notices an open container of alcohol in your vehicle or smells alcohol on your breath, for instance, then there may be probable cause to suspect you are under the influence.

Even if there is evidence to suggest you are guilty of DUI, the charges against you may be inaccurate. In many cases, there may be other explanations for your behavior or actions. For example, although bloodshot eyes are commonly associated with alcohol use, the condition can also be caused by allergies, fatigue, and many common medical disorders. 

But what if you failed your breath test? In such cases, you may be a victim of rising BAC. To be guilty of DUI, your BAC must be above the legal limit of 0.08% at the time you were driving—and it takes time for any alcohol you consume to work its way through your system. As a result, while your BAC may have been within the legal limit while you were driving, it could increase substantially by the time you take a breath test. If this happens, your breath test results may be inaccurate, and therefore should not be used as evidence against you.

As you can see, there are numerous ways to challenge your DUI charges. Determining a strategy for your case and proving it to the court, however, can be very difficult if you do not have in-depth knowledge of Alabama DUI law. That’s where the Whitney B. Polson DUI Defense Office comes in.

As exclusive DUI defense attorneys, Mr. Polson and his team of skilled trial attorneys know the ins and outs of the state’s complex DUI laws. Since 2004, the firm has helped hundreds of clients successfully win their DUI case and avoid conviction. Add your name to the list—submit your information online today to receive a free, no-obligation attorney evaluation for your case.