Polson Law Firm DUI Case Wins

Alabama DUI lawyers Whitney Polson, Mark Polson, and Zander Carrie fight hard to keep you out of a DUI conviction, getting charges reduced and cases dismissed because of illegal stops, incorrect field sobriety test instructions, and even breath test machine calibration errors. We believe that there is no such thing as a hopeless case. Read below these actual case wins in courthouses around Alabama.

If you or a loved-one are charged with DUI Manslaughter, DUI Murder or DUI Criminally Negligent Homicide in Alabama; you face an extremely serious charge, and uncertainty.

Fortunately, the Alabama criminal defense lawyers of Polson & Polson, have decades of experience successfully representing clients accused of DUI Homicide cases throughout Alabama; including the charges of Criminally Negligent Homicide, DUI Manslaughter and DUI Murder.

The State of Alabama criminalizes fatalities caused by DUI accidents as either Criminally Negligent Homicide (Alabama Code 13A-6-4), Manslaughter (Alabama Code 13A-6-3), or Murder (Alabama Code 13A-6-2). Each of these offenses are felony charges and have varying degrees of penalties. DUI Criminally Negligent Homicide in Alabama is a Class C felony; where you face from 1 year, 1 day to 10 years in prison and up to a $15,000 fine.

DUI Manslaughter in Alabama is a Class B felony where you face from 2 to 20 years in Prison and up to a $30,000 fine. DUI Murder in Alabama is a Class A Felony, where you face from 10 years to Life in Prison and up to a $60,000 fine.

As an example of the Alabama criminal defense attorneys of Polson & Polson successfully representing a client accused of DUI Homicide (Manslaughter) in Alabama, the following case example highlights how these cases in Alabama may be won:

Court: Shelby County Circuit Court

Case Synopsis: Client was driving with his wife on a two-lane highway in Shelby County, Alabama at dusk, and he struck and killed a child on a scooter that was in the roadway. At the scene of the accident, client disclosed to law enforcement he had drugs in his car wherein law enforcement found cocaine and drug paraphernalia in client’s vehicle.

An Alabama Traffic Homicide Investigation ensued. A search warrant was issued by a Circuit Court Judge and client was found to have 680 ng of Methamphetamine in his blood several hours after the accident. Client was administered field sobriety tests on the roadside and he was subsequently indicted for DUI Manslaughter – controlled substance – under the influence of drugs.

The Birmingham Alabama DUI Defense Lawyers of Polson & Polson carefully reviewed and prepared a defense for client’s charge of Alabama’s DUI Manslaughter Laws. Through their expert training in evaluating drug toxicology results and DUI field sobriety testing (particularly field sobriety tests that relate to driving under the influence of drugs in Alabama) the Alabama Criminal Defense Team of Polson & Polson developed a defense strategy that, in fact, their client was not impaired, as the State alleged.

The State of Alabama offered the client a plea bargain of 15 years and one day to serve in prison. After consultation with the Birmingham Criminal Defense Attorneys of Polson & Polson (that serve the entire State of Alabama), the client chose to decline the State’s offer and proceed to trial.

Result: NOT GUILTY by jury verdict

Utilizing several expert witnesses and carefully crafted jury trial skills Polson & Polson secured a successful Not Guilty Verdict for their client charged with DUI Manslaughter in Shelby County, a suburb of Birmingham near Calera, Pelham, Hoover, Birmingham, Mountain Brook and Vestavia Hills, under Alabama law.

From such, even though you or a loved one are charged with the serious and uncertain charge of a homicide in Alabama caused by DUI; know that there are possible defenses to seek a favorable outcome.

Court: Jefferson County Circuit Court (Bessemer Division)

Case Synopsis: Client stopped for driving erratic after 911 call placed to police concerning vehicle matching client’s. Officer noted bottle of vodka in client’s vehicle, strong odor of alcohol, red eyes, unsteady on feet, failed field sobriety tests, admission of drinking. Client arrested for DUI.

Blood Alcohol: Test Refused

Result: NOT GUILTY by jury verdict

Court: Jefferson County Circuit Court

Case Synopsis: Client stopped at 2:18 A.M for improper lane usage. Officer noted odor of alcohol, unsteady on feet, red eyes, admission of drinking, and failed field sobriety tests. Client arrested for DUI and Improper Lane Usage.

Blood Alcohol: Test Refused

Result: DUI and Improper Lane Use charges DISMISSED by Judge prior to case going to jury for deliberations on motion of defense counsel

Court: Jefferson County Circuit Court

Case Synopsis: Client stopped for speeding over 100 MPH on I-459 late at night. Bottle of vodka found in car. Officer noted odor of alcohol, failed field sobriety tests, unsteady on feet, and red eyes. Client arrested for DUI and Speeding.

Blood Alcohol: .10 g/210 L

Result: NOT GUILTY by jury verdict

Court: Escambia County District Court

Case Synopsis: Client stopped for erratic driving. Officer observed empty bottle of vodka in front seat, strong odor of alcohol, slurred speech, failed field tests, and confusion. Client arrested for DUI and Reckless Driving.

Blood Alcohol: .21 g/210 L

Result: DUI DISMISSED after plea negotiation

Court: Birmingham Municipal Court

Case Synopsis: Client failed to yield right of way to police vehicle. Upon approaching client’s vehicle officer noted strong odor of burnt marijuana, blood shot eyes of client, unsteadiness of client on feet, and failed field sobriety tests. Client arrested for DUI (under influence combination alcohol and controlled substance)
Blood Alcohol: .03 g/210 L (no blood or urine for drugs)
Result: DUI DISMISSED after plea negotiation

Court: Vestavia Hills Municipal Court

Case Synopsis: Client stopped for speeding 64 MPH in 40 MPH Zone at 12:50 A.M. Officer reported odor of alcohol, slurred speech, unsteady on feet, and client refused FST. Client arrested DUI & Speeding.

Blood Alcohol: .18 g/210 L

Result: DUI DISMISSED upon plea negotiation

Court: Jefferson County District Court

Case Synopsis: Two car traffic accident on Interstate I-459. Officer reported blood shot eyes, odor of alcohol, slurred speech, poor performance on field sobriety tests, and failed preliminary breath test on roadside. Client arrested for DUI.

Blood Alcohol: .10 g/210 L

Result: DUI DISMISSED after plea negotiation

Court: Huntsville Municipal Court

Case Synopsis: Client stopped for weaving. Officer reported red glassy eyes, odor of alcohol, and unsteadiness on feet. Preliminary breath test on roadside .101. Client arrested for DUI.

Blood Alcohol: .09 g/210 L

Result: DUI DISMISSED after plea negotiation

Court: Mountain Brook Municipal Court

Case Synopsis: Client stopped for failure to maintain lane and running over curb at 3:38 A.M. Officer reported glassy and bloodshot eyes, severely impaired speech, fumbling for license, strong odor alcohol, and failed field sobriety tests. Client arrested for DUI and Improper Lane Usage.

Blood Alcohol: .23 g/210 L

Result: NOT GUILTY verdict on DUI after bench trial

Court: Crenshaw County District Court

Case Synopsis: Client involved in single car accident. Law Enforcement Officer responding observed slurred speech, unsteady balance, confusion, inability of defendant to answer questions, strong odor of alcohol, admission to drinking, failed Standardized Field Sobriety Tests. Client registered nearly double the legal limit on breath test, .14.

Result: Case DISMISSED.

Court: N/A

Case Synopsis: An Alabama State Trooper found the client incapacitated his vehicle after it left the roadway, hit a culvert and flipped. The client took a breath test that registered .15.

Blood Alcohol: .15 breath test

Result: Case DISMISSED following pre-trial agreement negotiated by Attorney Whitney Polson.