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Huntsville DUI Law Blog

Debate rages about lowering drunk driving limit

Drunk driving has been a hot-button issue during recent years, with many states enacting additional regulations to prevent highway deaths. Now, new federal recommendations could change the face of drunk driving charges as we know them, as officials tout the benefits of lowering the legal driving limit from 0.08 percent to 0.05 percent. The recommendations include sweeping changes for drivers in all states, including Alabama.

The National Transportation Safety Board (NTSB) reports that the 0.05 percent limit would restrict 160-pound drivers to two beers or a single martini before getting behind the wheel. The current standard allows for two cocktails or two beers, according to various BAC calculators. Official research shows impairment begins earlier than the 0.08 level, with drivers experiencing serious effects at the 0.05 percent mark. Authorities and officials claim they want to lower the standard to lower crash risk and thereby preventing roadway deaths.

Elderly driver gets 14 years for manslaughter

Even though state sentencing guidelines recommended that a driver involved in a fatal pedestrian collision should not go to jail, a judge decided that incarceration was necessary. A Mobile, Alabama, man, age 75, struck and killed a pedestrian two years ago. The man was convicted of manslaughter after facing drunk driving charges and other accusations in the case.

Authorities report that the man struck the pedestrian after he got behind the wheel while intoxicated. The driver had reportedly consumed alcohol while taking a certain medication, a dangerous combination. The 40-year-old victim was walking alongside the road near the Harlem Duke Social Club in the Bullshead community in July 2011 when she was struck and killed.

Cyclist dead after alleged DUI crash

A Mobile bicyclist was killed near the downtown area of the Alabama city on April 27, according to recent news reports. The 28-year-old driver is facing drunk driving charges in connection with the fatal accident, in addition to a vehicular homicide charge. This is the defendant's second DUI charge in the past seven years.

Authorities report that the 59-year-old victim was not wearing reflective clothing or other gear to increase visibility when he was struck. The accident occurred around midnight at the poorly lit intersection of St. Francis Street and Bayou Street. Witnesses said the driver had the right-of-way, but it appeared that he may have been speeding. When the driver struck the cyclist, the victim rolled onto the hood and was then dragged beneath the car for several feet before the driver stopped.

Designer drugs, alcohol deadly mix

As an ever-increasing number of intoxicants continue to make inroads into communities throughout Alabama, authorities are cautioning parents about the dangers of new designer drugs in combination with underage drinking. A recent incident illustrates the dangers of consuming these substances: A freshman student at the University of South Alabama was shot and killed by police on Oct. 6 after he violently spiraled out of control. The young man had been at college for just six weeks when the incident occurred.

The young man took a hit of the newly popular drug 25-I, a substance that costs just about $10 for a hit. This research drug was imported from New Zealand by a Birmingham distributor who then brought the substance to Mobile. This new intoxicant has not yet made it onto the state’s list of controlled substances, according to local authorities.

Wrestler slated for trial in first--time DUI offense

Famed wrestler Jack Swagger is facing misdemeanor drunk driving charges after being arrested in a Gulf Shore state near Alabama. The man, age 30, may have been driving under the influence of marijuana at the time of his arrest. He was charged with drug possession and speeding in addition to the alcohol accusations.

The man was arrested on February 19 in Gulfport after taping an episode of the "WWE Smackdown," according to media reports. The night of his arrest, the wrestler was reportedly traveling 55 mph in a 45 mph zone. His 2013 Ford Taurus was summarily pulled over and searched. A small amount of marijuana was recovered from the man's vehicle after the investigation. Swagger was released into the custody of an acquaintance after his arrest.

Southeast woman faces drug, DUI charges

A woman from one of Alabama's neighboring states, Florida, is attempting to avoid conviction on drunk driving charges by claiming that she was not driving the vehicle at the time of her arrest. The woman, age 26, said her mother-in--law drove the car into the parking lot of a Kangaroo gas station in late March. The woman is facing DUI charges, along with possession of a controlled prescription and tampering with evidence.

Interviews indicate that the oxycodone found in the woman's vehicle belonged to her husband. The woman said she had consumed several alcoholic beverages at home before leaving the house, but her friend drove both of them to pick up the woman's mother-in-law. The pair also transported three children ranging in age from 6 months to 9 years old. After the friend returned home, the woman's mother-in-law drove to the gas station.

EMA Director Enters Plea for Pre-Trial Diversion

The director of an emergency management agency in Lee County, Alabama, has avoided prison in connection with pending drunk driving charges. The woman will instead enter a pre-trial diversion program designed to assist those that are willing to plead guilty. The six-month rehabilitation program will allow the woman to get back to work as soon as possible after resolving the DUI charges from November 2012.

The woman entered the guilty plea about four months after she was stopped by area police officers at an intersection in Auburn. Although breath tests at the scene did not indicate the presence of alcohol, the woman did release a statement indicating that she had consumed prescription medication. The driver was reportedly altered because she took the legally prescribed narcotics. Even though she was legally permitted to take the medication, the woman should not have driven while under the influence of those drugs.

Lions Player DUI Plea Falls Through

In a follow-up to a recently reported DUI case, an Alabama court has revoked a plea bargain arrangement for a Detroit Lions player facing drunk driving charges. The man, defensive tackle Nick Fairley, pled guilty six months ago to a deal that was supposed to allow him to leave the charges in his past. As a result, Fairley has redacted his guilty plea that was entered six months ago.

Now, a circuit judge has ruled that prosecutors may not have agreed to allow the man to participate in a pretrial diversion program. The program would have allowed the dismissal of the DUI charges as long as the man participated in rehabilitation activities. Defense attorneys said they finalized the plea deal with prosecutors in September, but government lawyers reported that they had never consented to the agreement.

Man says he was not drunk during Mobile accident

Not every driver that has consumed one or two adult beverages hours before getting behind the wheel of a vehicle is considered a drunk driver. That is why Alabama and other states have standards by which they measure an intoxicated driver.

Unfortunately, when most people hear that a driver had consumed alcohol before driving, they automatically heap the blame from any accident or issue unfairly on that motorist.

School administrator cleared of DUI allegations

There is a reason why all men and women should be treated as if they are innocent until proven guilty when it comes to drunk driving or any other criminal charges. About a month ago, we wrote about a middle school assistant principal who was arrested on suspicion of driving while under the influence of alcohol.

Just recently, those drunk driving charges were dropped. A spokesperson for the Huntsville School District, for which the assistant principal worked, confirmed that further investigation revealed that the man was not driving while under the influence during the time of his arrest.

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