Legal Question in DUI Law in Alabama

Re: dui controlled substance

I would need to know more details about exactly what happened, but you may have a good defense to this charge. Generally speaking, if they are going to charge you with driving under the influence of a controlled substance, they need to have some kind of proof of that fact. The best proof is to have a blood test done which would show the presence of substances in your system. Without that, they have to rely on other circumstances to establish their proof.

While they should not convict you without proof of the substance being in your system, as a practical matter many city court judges will convict you if there are circumstances which indicate you were taking controlled substances. Situations where a judge may find you guilty without having blood test results can include when there are controlled substances in the car with you or when you admit to the officer that you have taken a controlled substance.

In your situation, since the officer did not see you driving the car, they will probably have to bring the witness to court to testify as to how you were driving. While that may be easy for them in some circumstances, in other cases they may have difficulty getting the witness there. For example, if they were looking for your car based on an anonymous tip, they may have more difficulty proving you were the driver than if someone rode along behind you and identified your car. Or, the person may be unwilling to take off from work or to travel to wherever the court is to testify about this matter.

I would suggest that you talk to a criminal defense lawyer right away. There are several ways you can defend against this charge, but there are also ways in which they may be able to prove your guilt. This is not a matter that you want to handle on your own. Please call a criminal defense lawyer who handles DUI cases, and get some professional advice on the best way to defend against this charge.

Our firm handles DUI cases, and we will be glad to discuss handling your case with you. If I can be of assistance, please feel free to give me a call or to send me an email directly.

Good luck to you.

William Pfeifer