Last time, we began looking at DUI charges in Alabama and what is required for a defendant to be convicted in Alabama. As we noted last time, prosecutors attempt to prove drunk driving differently depending on the type of evidence they have available.

In cases where there is evidence that the driver’s blood alcohol concentration exceeded the legal limit, charges will be proven differently than if the government only has evidence of behavior suggesting intoxicating. A criminal defense case is always prepared in response to the specific charges the government is pursuing, so DUI defense really depends on exactly each case.

When charges are based on blood alcohol concentration, it is important to consider whether things like: whether officers acted properly in taking the test; whether the test was administered according to established protocol; whether the device was accurately set up; and whether the evidence itself was accurately accounted for in the chain of custody.

Evidence based on signs of intoxication can be quite varied, and can include things like traffic violations, the defendant’s appearance and smell at the time he or she was stopped, performance on roadside sobriety tests; and the defendant’s overall demeanor. Evidence presented as indicating an inability to safely operate a motor vehicle because of intoxication is not always what it seems, and it is important to work with an experienced criminal defense attorney to carefully scrutinize the reliability and relevance of all the government’s evidence. Doing so ensures that one has a fighting chance to reach the best possible outcome in the case.