On the previous post I wrote about the basics of the new Alabama interlock device. Below is a real world example.
So envision this scenario: a traveling sales rep has an after work meeting with clients. He/she consumes a couple of drinks and gets pulled over on the way home. The police officer administers [...]
Published by Rutledge & Yaghmai
Category Archives: Punishment
Interlock Device- Real World Example
Alabama new Interlock Device law- overview
The interlock law presents a whole new set of issues in DUI law in Alabama. It will take several posts to cover the issues. But here are the nuts and bolts:
1) If a person is convicted of a first time DUI and
a) has a BAC of .15 or more OR
b) refuses to provide BAC [...]
New DUI laws in Alabama that will severely stiffen DUI penalties
On June 9, 2011 Alabama Governor Bentley signed a bill that will “toughen” DUI penalties in Alabama. One is the “double minimum punishment” and the other is “interlock ignition”. The effective date will be September 1, 2011. However, the interlock won’t be implemented until September 1, 2012. These two laws will greatly impact DUI [...]
Can a prior DUI conviction be used against someone with a new DUI charge?
Clients who have prior DUI convictions often wonder if that will be used to determine guilt or innocence in a new DUI trial. The general answer is: NO. Under Alabama law, the prosecution may not use a prior DUI conviction to somehow prove to the jury (or a judge depending on which [...]
Cop who falsified DUI arrests WON’T be charged with crime
I previously posted (click here) about a Chicago Officer who would falsify evidence in police reports in order to make DUI arrests. Richard Fiorito has been sued civilly for targeting classes of individuals and making fake DUI arrests. On my prior post the video of one such arrestee clearly showed him not failing the FSTs [...]
Criminal Punishment in Alabama for DUI
Criminal Punishment
Alabama DUI penalties have increased dramatically over the years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI or drunk driving convictions.
The first DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence [...]
