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DUI Attorneys in Foley

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Under Alabama law, a person can be charged with the offense of driving under the influence (DUI) if he or she is found in control of a vehicle while under the influence of alcohol, under the influence of a controlled substance, under the combined influence of alcohol and a controlled substance, or under the influence of a substance that impairs such person’s mental or physical facilities. In other words, being under the influence refers to a person’s impaired ability, whether physical or mental, to be in control of a vehicle in the state of Alabama. If you were arrested for driving under the influence, contact a Daphne DUI attorney.

To schedule a free consultation with one of our DUI lawyers in Foley, please either call Caldwell Wenzel & Asthana today at (251) 444-7000 or contact us online.

A person can also be arrested for DUI even if his or her ability to drive is not impaired. According to Alabama’s per se laws, it is a criminal offense to be in control of a vehicle with a blood alcohol level of 0.08 percent or higher. This means that prosecution of an individual who has violated this per se limit of 0.08 percent is simply based on body chemistry notwithstanding the manner in which such individual is operating the vehicle.

Fighting for Your Rights & Freedom

It is, however, important to note that being arrested and charged with DUI does not automatically mean that a person will be convicted of DUI. In order to obtain a conviction, the state must prove all of the elements of the offense. That is, the prosecutor must show beyond a reasonable doubt that the person charged with DUI was in physical control of a vehicle and that the person was under the influence in one of the ways articulated above.

To have physical control of a vehicle does not mean that you have to be driving the vehicle. You could be arrested for DUI even if you were merely in the vehicle, sleeping in the vehicle, or sitting in a vehicle. The courts in Alabama have generally defined “actual physical control” of a vehicle to mean exclusive physical power, and present ability, to operate, move, park, or direct whatever use or non-use is to be made of the motor vehicle at the moment. Determining what constitutes physical control, however, is a flexible test that must be based on the totality of the circumstances. This means that in each individual case, the courts will consider all of the circumstances surrounding the incident in question in order to determine whether the person charged was in actual physical control.

Alabama law defines vehicles to include:

  • Cars
  • Trucks
  • Motorcycles
  • Other automotive vehicles

Interestingly, bicycles and animals that can be ridden, such as horses, could also be considered a vehicle for the purposes of DUI.

Searching for Holes in the Prosecution’s Case

The crux of the matter in most DUI cases is whether the person was actually under the influence of alcohol or another drug that altered the person’s mental or physical facilities. Proving whether someone is under the influence is generally done through chemical tests, eyewitness testimony, or other circumstantial evidence that is found to be admissible.

If you are legally arrested for DUI in Alabama, you will be required to submit to a chemical test of your blood, breath or urine. While you may refuse to agree to such a test, your license may be suspended. Further, your refusal to test could also be used by the prosecutor in the criminal case against you to indicate a perception of guilt. An experienced DUI lawyer in Foley can not only rebut such perception and arguments, he or she may also be able to get certain evidence excluded from a DUI trial.

For example, there are many factors that may influence a chemical test, such as:

  • Belching
  • Fumes in the air
  • Improper calibration
  • The presence of blood or vomit in the mouth
  • Failure to properly calibrate the testing instrument

Contact Caldwell Wenzel & Asthana Today

The lawyers at Caldwell Wenzel & Asthana have extensive experience in successfully handling hundreds of DUI cases in the state of Alabama. We are extremely familiar with the courts, knowledgeable of plea bargain details, and are capable in navigating the complex administration procedures. We are ready to answer all your questions, explain what impact a DUI arrest would have on your driver’s license, and inform you as to the punishment and penalties you might face. But, most importantly, we are very skilled at advising you on how to best defend your case.

To set up your free case evaluation with our experienced DUI lawyers in Daphne, contact us today at (251) 444-7000.

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