Blog Topic

Implied Consent
Posted by: Zach Peagler
June 24, 2008

Here's an article referencing Tennessee Titans' player, Jevon Kearse's recent arrest for DUI in Nashville: http://www.usatoday.com/sports/football/nfl/titans/2008-06-22-kearse-dui_N.htm . Kearse was charged with DUI under Tennessee's "implied consent" statute due to the fact that he refused to take a breathalyzer test.

Alabama has a similar statute, which essentially states that drivers on a public roadway are deemed to have given their consent to have their blood/alchohol level tested (by blood, urine, or breath) after being lawfully arrested for any offense arising from alleged drunk driving. Therefore, if you refuse a test, your license will be "administratively" suspended for 90 days for said refusal. However, with the help of competent legal counsel, a suspension under the implied consent statute can be reduced or nullified. Don't wait, immediate steps need to be taken in order to attempt to reduce or eliminate such a suspension!

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Sittin' at a Bar
Posted by: Zach Peagler
June 06, 2008

How many drinks are too many? This question will likely conjure up many different answers depending upon your audience. Alcohol typically affects men and women in different ways. This can be for obvious reasons such as the difference in size and stature. It can also be affected by a person's tolerance. So once again how many drinks are too many? We often face this question in many social situations but we are scared to say we sometimes don't really know.

In Alabama, the legal limit for Blood Alcohol Content (BAC) is .08%. So how many drinks does it take to get us to that magic number may be an unknown but the punishments for DUI are not.

Did you know a first time drunk driver may face fines of up to $2,100, up to one year in jail, and a 90 day license suspension?

A second time DUI conviction within a 5 year period carries fines up to $5,100 and a 1 year license revocation.

Third and fourth DUI convictions carry significant jail time, possibly even prison, fines up to $10,100, and several years with a revoked license.

Many of us have made poor decisions on when to drive after having a couple of drinks.

U.S.A. Today - A recent study shows 9% of Americans admit to driving drunk. This is almost 1 in 11 people admitting to driving when they thought they were legally intoxicated, according to a survey release by AAA Foundation for Traffic Safety.

If you are pulled over for DUI do not let this destroy your life. Contact Lakeman & Peagler immediately to protect your interests.

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Where is my Due Process?
Posted by: Zach Peagler
June 06, 2008

Did you know if you are charged with drunk driving the officer will immediately confiscate your license and issue you a piece of paper saying that your license will be immediately suspended.

You might ask yourself how this is possible. Don't we have a Constitution that says something about due process? Shouldn't I be given an opportunity to defend myself before my license is just unilaterally suspended?

In the state of Alabama, the Alabama Department of Public Safety is required by law to immediately and automatically suspend the license of anyone arrested for DUI who has a .08% breath test reading or refuses to take the breath test. This is unlike all other criminal offenses where you are innocent until proven guilty. In a DUI case the officer immediately presumes that you are guilty and presumes the evidence will show you are guilty. The officer is in effect acting as the Judge, Jury and Executioner.

In order to get drunk drivers off the highway immediately Alabama legislators have circumvented the Constitution by allowing the Department of Public Safety to enact "Administrative Per Se Suspensions." Thus, Alabama law enforcement officers will continue to immediately suspend licenses but they then give Alabama drivers a short-term driving permit. However, in Alabama you only have 10 days from the date of your arrest to request an administrative hearing which can prevent the automatic suspension of your license.

Therefore, it is imperative that you contact Lakeman & Peagler within 10 days of your arrest so we can protect your driving rights.

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