Driving Under the
Influence of Alcohol
Important Note!

You may be able to
save your Alabama
driving privileges!!!  
If you were given a
yellow sheet of paper
(AST-60) and told
that this paper could
be used as your
temporary driver's
license you only have
TEN (10) days to
request a hearing to
stop this process.

Most people arrested
for a DUI have no
idea that the State
will try to suspend
their driver's license
for the DUI arrest
BEFORE they actually
have their day in
court!

This can be stopped,
but the process can
be confusing.  Call
my office to set up
an appointment to
speak with me about
your case
immediately.

TIME IS OF THE
ESSENCE!!!
   DUI General Information

DUI is like no other criminal charge.  The
repercussions can be severe and swift.  No other
criminal charge effects "good" people who just
made an "honest" mistake as often as Driving
Under the Influence of Alcohol.  No other charge
has the political notoriety as DUI.

The penalties for DUI can be severe.  Penalties
meted out by "tough" judges can be jail sentences
up to one year, fines up to $2100, mandatory
treatment, and loss of driver's license.  And this is
just for a FIRST time offender!  Multiple
offenders can be looking at jail time of ten (10)
years, a felony conviction, $10,100 in fines,
mandatory in-house treatment, and loss of their
driving privileges for many years.

DO NOT walk into court alone when facing a
DUI, no matter what the officer may have told
you about "going easy on you" or "helping you
out in court".

All is not lost!  An experienced criminal defense
attorney can help you navigate this system.  An
experienced attorney may be able to save your
license!  An experienced attorney may be able to
keep the conviction off of your record!  And
MOST IMPORTANTLY, an experienced attorney
may be able to win your case in court!
To Blow or not
to Blow???

The age-old debate.  
Contrary to popular
opinion, there is no "one
size fits all" answer to
this question.  The knee-
jerk answer from most
attorneys is to NEVER
BLOW in that "damn
machine".

There are just too many
factors to take into
consideration before
coming up with a
preemptive "game plan".

If you refuse to blow
you WILL lose your
license for 90 days.  
Can you afford this
repercussion?
If you are definitely
over the limit and
you blow, then you
are helping the
prosecution make
their case against
you.
If you think you are
under the legal
limit then refusing
to blow will
eviscerate the best
evidence in your
favor! And you will
lose your license!
Many jurisdictions
will broker a deal
with your lawyer to
keep a first-time
conviction off of
your record if you
were "cooperative".
There are actually
two breath tests,
the Portable Breath
Test (PBT) and the
Draeger Breath Test
(after arrest).  The
PBT is inadmissible
in court and a
refusal will not
effect your driving
privileges, but
taking it can be a
good indication of
whether or not you
are "drunk." The
Draeger is
administered AFTER
your arrest! Refusal
to take the test can
be used as evidence
of guilt and will
result in license
suspension.

My personal opinion:

  1. Take the test if you
    think you are sober.
  2. If you KNOW you
    can keep the
    conviction off your
    record then take
    the test. (Note:
    Baldwin and Mobile
    County District
    Courts generally do
    NOT settle DUIs to
    keep the conviction
    off your record...
    don't take the test if
    arrested by a
    deputy or a state
    trooper).
  3. If this is not your
    first DUI arrest
    don't take the test
    (unless you truly
    believe you are
    sober).
  4. If you think you are
    in the "gray zone"
    then take the PBT
    and ask the officer
    to share the results
    before deciding to
    take the Draeger.
  5. The Draeger Test is
    NOT infallible.  It
    can be "beaten" in
    court!
Field Sobriety Tests
The Law Offices of
John W. Beck

(877) 990-BECK
251.990.5454
251.767.9048