Fight Your Alabama DUI charge and avoid jail time, drivers license suspension or worse. Call Krep (866) 348-2889

Georgia has passed a felony-level DUI charge for repeat offenders who have received four convictions in the previous 10 years. Currently, Alabama has a five year 'look back' and a conviction older than 5 years generally isn't considered by the courts. Illinois has enacted legislation requiring ignition interlock (breathalyzer type) devices for first offenders. On January 1st, California's latest DUI law went into effect, dropping the blood alcohol content (BAC) at which an ignition interlock device may be required and mandating that anyone on probation for DUI cannot drive with a BAC of even 0.01. The trend is obvious; stricter standards and harsher punishments.

With legislation in the works for February 2009 in Alabama, it remains to be seen which of these laws will be emulated. Currently 7 other states besides Illinois (Alaska, Arizona, Colorado, Louisiana, Nebraska, New Mexico and Washington) require ignition interlock devices (IID) for first-time drunk driving convictions. Mother's Against Drunk Driving is pushing hard to make this a requirement in all states. On their website they claim a 64% reduction in repeat offenses with this technology when combined with treatment and hard license suspensions. They have issued a 'call to action' for citizens of Alabama to support laws mandating IIDs for any DUI conviction.

Legislative bodies are particularly prone to adopt behavior modification by way of increased penalties. It is an easy way to gain votes as a 'law and order' politician and satisfies the demands of MADD. Unfortunately, the unintended consequences for those convicted and their families can be quite severe. Transportation is essential for anyone trying to hold a job, IIDs are expensive to install and maintain, and a first offense doesn't necessarily indicate an alcohol addiction. How do you explain to your employer that you can't make it to work because your ignition interlock is malfunctioning? The human tendency is to assume you are drinking.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Alabama DUI drunk driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

New bill proposed in Alabama Senate, which will double minimum penalties with a blood alcohol content of 0.15. Call Kreps Law Firm, LLC (866) 348-2889

Last year a bill that increased penalties for some DUI convictions stalled in the Alabama Senate. This year, the bill has been reintroduced and if passed will apply statewide including Alabama. The bill (SB10) was pre-filed back in October of 2008 and comes up for action in the Judiciary Committee in the beginning of February, 2009. The bill is more likely to pass this session, because last year's Judiciary Committee Chairman is expected to move to a new post as Senate Pro-tem.

The bill would double the minimum penalties for drivers with a blood alcohol content (BAC) of 0.15 percent (a BAC of 0.08 is the legal limit in Alabama). It would also increase the number of years a previous DUI would remain 'active'. Currently, Alabama has a 'look back' of five years. A DUI older than five years is dropped from consideration for subsequent DUI sentencing.

In addition, the legislation would add a provision for mandatory ignition interlock devices (IIDs). These require drivers to 'blow clean' before their car will start. Along with this, it is expected that a course of treatment and counseling will be required.

While it is impossible to predict what final form the law will take, DUI legislation in other states trends toward stiffer fines, jail, license suspension and more punishment. Arguments against raising the penalties revolve around the collateral damage inflicted on those convicted and their families. People with a social or chemical addiction to alcohol need education, monitoring, and treatment and not stiffer fines, penalties, license suspension, and jail time. In order to keep all of our families safe on the Alabama roadways, we have to change the views on how DUI offenders are handled.

Lack of transportation and loss of income (driver's license suspension/revocation and jail time) leads to a downward spiral driven by higher expenses (fines and fees). All of this occurs, at the same time as a reduced ability to meet these financial obligations (loss of employment).

A BAC over 0.08 percent and then possible increased penalties at 0.15 percent do not reflect the individual variations inherent in any population. How impaired someone actually is, and how fit or unfit they are to drive, cannot be distilled into a single number. But the law requires a set standard. Making 0.15 the standard for increased punishment doesn't improve enforcement or reduce recidivism, it is an arbitrary line needed to write clear legislation.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Alabama DUI Drunk Driving Charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Alabama’s Strict Enforcement of DUI Laws Attorney. Call Kreps Law Firm, LLC Today at (866) 348-2889.

Joseph C. Kreps, managing partner of Kreps Law Firm LLC, focuses his practice on the defense of DUI and traffic violation cases including those in Alabama. With a new, harsher DUI law coming up in the Alabama State Senate, Mr. Kreps explains why newer laws aren't needed in Alabama:

The statistics are clear. They show a downward trend in alcohol related traffic fatalities over the past two decades. The numbers are skewed because an “alcohol-related” case can be one where an empty beer can was found in the car or outside of the case and does not necessarily mean that a driver was impaired. Current laws are working. Contrast this decrease with the statistics in Wisconsin where almost half of traffic fatalities involve alcohol. Of particular interest is that Wisconsin has DUI laws that are stricter than Alabama's.

Can this discrepancy be explained by enforcement practices? Does Alabama arrest more drivers for DUI? No. Wisconsin, with a similar population, arrests more than twice as many of its citizens for DUI. The Substance Abuse and Mental Health Services Administration (SAMHSA) published a study in 2006 that showed Alabama had one of the lowest rates of impaired (drug or alcohol) driving in the country (11%, with the national average of 15% and a high, in Wisconsin of 26.4%). Plainly, Alabama residents do not drink and drive as much as the rest of the nation.

Laws that merely mimic what other states are doing, without considering Alabama's actual problems are a waste of time and resources. Political grandstanding (to gain a law and order image) ends up putting an undue burden on those few of our citizens who have problems with alcohol. When current law suffices, there is no need to increase penalties beyond reason. Alabama and other states will never stop first-time and repeat DUI offenders unless we deal with the real problem – social and chemical addiction to alcohol. This requires a genuine desire to stop drinking and driving and also, a shift in focus from punishment to education, treatment, and monitoring.

Too many defendants plead guilty when charged with a DUI, leading to lifelong consequences. Increased insurance rates, motor vehicle costs, jail time, fines, loss of driving privileges and a criminal record are just a few likely results. By retaining experienced and knowledgeable counsel immediately, some of these outcomes can be avoided or reduced in severity. Kreps Law Firm DUI defense attorneys can guide the process, evaluate options, and judge the merits of the case. Pleading guilty without representation a thorough investigation is almost always a mistake.

Kreps Law Firm, LLC practices DUI defense statewide including Alabama. Mr. Kreps supports education and treatment for those suffering from alcohol addiction. Simply increasing the fines and penalties for drunken driving offenses is not a long term solution; rather, such harsh measures simply turn an abuse problem into a serious criminal offense with life altering consequences. Conviction for DUI leads to higher insurance rates, jail time, license suspension, fines, costs, additional motor vehicle costs and can ruin employment prospects. A criminal record is not the solution to a cultural and biological problem.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .