Attorney John T. Kirk is a talented and highly respected criminal defense attorney representing criminal defendants throughout the entire State of Alabama.
At The Law Offices of John T. Kirk & Matthew B. Alfreds, there is never any confusion about the attorney/client relationship; the client's liberty is at stake and the client's interests are the number one priority. This is a litigation firm, first and foremost, and that is one of the secrets of its continuing success.
John T. (Tommy) Kirk, Attorney
Attorney John T. (Tommy) Kirk handles only DUI and other alcohol related offenses, although he has a wealth of experience and expertise in all aspects of criminal law.
Matthew B. Alfreds, Attorney
Mr. Alfreds' law practice is concentrated on DUI and other alcohol related offenses. He also handles other traffic matters, misdemeanors, and felony offenses.
Although the charge is commonly referred to as drunk driving, the fact is that “driving” is not necessarily involved and one need not be “drunk,” within the usual meaning of the word. A person who is in actual physical control of a vehicle need not be driving to be arrested if under the influence of alcohol or drugs. Simply sitting behind the wheel of a parked car with the ignition keys in your pocket can satisfy the driving part of the offense. To most people, the term “drunk” refers to someone who is staggering, incapable of coherent speech, etc., but this is not the standard for a DUI offense.
The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every situation. Every case is different and carries its own unique set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Montgomery criminal defense lawyers of The Law Offices of John T. Kirk & Matthew B. Alfreds, you can receive a personal consultation regarding the details of your specific case.
The Law Offices of John T. Kirk & Matthew B. Alfreds
445 S. Decatur Street
Montgomery, Alabama 36104
A First DUI offense is charged as a misdemeanor, and upon conviction the defendant may be confined for up to 365 days in the county or municipal jail and may be compelled to pay a fine between $600.00 and $2,100.00. The defendant will also be ordered to attend a court approved substance abuse program and will suffer a 90-day driver's license suspension.
When any person convicted of DUI is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less that 0.15 percent by weight of alcohol in his or her blood.
Field Sobriety Tests (FST's) are a series of tests commonly administered to DUI suspects for the stated purpose of evaluating their sobriety. In many cases, however, the investigating officer has already decided to arrest the suspect before administering any FST's, based on his personal observation of the suspect. In cases such as this, the test is used, not to determine sobriety, but to gather evidence to use against the suspect in court.
If you are charged with a misdemeanor DUI offense while visiting Alabama from another state, you will not be required to return to Alabama for your Court appearances unless there is going to be a trial. Alabama DUI lawyers are accustomed to dealing by telephone, fax and email in DUI cases involving out-of-state residents.
Alabama law states that you don't have to be driving to be arrested for DUI, provided that you are in “actual physical control” of the vehicle. If you are just sitting behind the wheel of a parked car with the ignition keys in your pocket, you can be arrested for DUI if you are under the influence of drugs or alcohol or the concentration of alcohol in your blood is .08% or more.