In the United States, it is illegal for anyone to operate a motor vehicle while under the influence of alcohol or drugs, yet driving under the influence (DUI) is one of the most commonly prosecuted crimes. If you have been charged with DUI in Birmingham, the outcome of your case could impact your life in several ways, and it is important to have a Birmingham DUI lawyer on your side for this case.
Joshua Paul Jones, Attorney at Law, LLC, represents a wide range of criminal cases for clients in the Birmingham area, including DUI. Our firm has successfully defended many DUI defendants over the years of our firm’s operation, helping many avoid conviction whenever possible and assisting others in alleviating their sentences. We are confident in our firm’s ability to provide the highest level of defense counsel possible in a DUI case.
Do not assume that you can manage your defense alone, even if you know that you have done nothing wrong and have been wrongfully arrested for a crime you did not commit. The police have no incentive to help you, so there is no way to explain your way out of an arrest. Additionally, the evidence piled against you may appear convincing enough to lead to conviction, even if you have done nothing wrong.
You have the constitutional right to defense counsel when you are charged with a crime, and it is important that you take full advantage of this right when you have been arrested for DUI. After arrest, exercise your Fifth Amendment right to remain silent until you are able to speak with a Birmingham DUI lawyer. They will examine the details of your arrest and assist you in building a defense.
That courtroom experience is extremely valuable in handling any case. Attorney Joshua Paul Jones has the ability to handle a variety of legal matters thanks to this experience in criminal and civil litigation.
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A police officer can conduct a traffic stop if they suspect that a driver is under the influence of drugs or alcohol. They may see them stumble into their car after leaving an establishment that serves alcohol, observe them driving erratically or commit a moving violation. Once they establish probable cause for a traffic stop, they can arrest the driver for suspected DUI under certain conditions.
All drivers in the state provide implied consent to chemical testing. This does not apply to roadside preliminary alcohol screenings, only chemical testing following a lawful arrest for suspected DUI. If the driver refuses this lawful test, they can face an automatic driver’s license suspension as well as increased penalties if they are later convicted of DUI.
DUI is established when a chemical test shows that the defendant’s blood-alcohol concentration (BAC) is .08% or higher or when a chemical test shows that they have illegal drugs in their system. When a driver is charged with DUI in Birmingham, the severity of the offense will depend on their level of intoxication reported by the chemical test, their history of past DUI convictions within the past few years, and whether they caused an accident.
Penalties for DUI can fluctuate based on multiple factors. Generally, the standard penalty for a first DUI conviction will include a fine and a driver’s license suspension. Jail time is possible under certain conditions, such as if a defendant caused a serious accident while under the influence. The defendant may also face probation and be required to complete mandatory substance abuse treatment and/or driver safety courses.
Like most other states, Alabama increases penalties for DUI conviction when a defendant has been convicted of DUI in the past. The penalties for a second conviction will be more severe than for a first conviction, and penalties for a third conviction will be more severe than for a second conviction. Additionally, penalties may increase automatically if the defendant caused an accident, resulting in injury or death.
In every criminal case tried in the United States, the defendant is considered innocent until proven guilty, and the burden of proving guilt rests on the prosecution. The standard of proof for this is guilt beyond a reasonable doubt, which is a relatively high standard to meet. This means the prosecution must present evidence, testimony, and arguments that leave no room for doubt as to whether the defendant committed the offense.
Successfully defending against a DUI charge in Birmingham, Alabama, may require proving that you were not actually intoxicated, that the police lacked probable cause to conduct the traffic stop that led to your arrest, or that chain of custody violations occurred with the handling of your chemical test sample. It’s also possible to challenge the validity of these test results, or your attorney may focus on procedural mistakes from the police or prosecutors.
If you did break the law and commit a DUI offense, your attorney can still be a valuable asset when it comes to mitigating the penalties assigned to you. Prosecutors are sometimes willing to make plea deals with defendants when they are certain to secure convictions. For example, if a defendant agrees to plead guilty and avoid a lengthy trial, the prosecution may be willing to lower their penalties, but this is not guaranteed in every case.
Joshua Paul Jones, Attorney at Law, LLC, has years of experience with criminal defense in Birmingham. DUI cases are some of the most common criminal cases tried in the Birmingham court system, and if you or a loved one faces such a charge, it is vital to secure experienced defense counsel as quickly as possible.
Our firm can carefully review the police officer’s handling of your arrest and the prosecution’s handling of the evidence stacked against you. If you suffered any violation of your civil or constitutional rights, we would ensure these issues are brought to light in the courtroom. Our goal is acquittal or case dismissal, if possible or a minimized sentence when conviction is unavoidable.
It is vital to exercise your right to legal counsel as quickly as possible after an arrest for DUI in Birmingham. Contact us today to schedule a consultation with a Birmingham DUI lawyer you trust and learn how we can assist you with building a defense.