Marshall County DWI / DUI Stop and Arrest | Marshall County, AL DUI & DWI Stop and Arrest Lawyers
In 2009, there were 1,440,409 Driving Under the Influence of Alcohol or Drugs or Driving While Intoxicated arrests in the United States:
- 352,010 of these Driving While Intoxicated arrests occurred in the Southern United States, including Alabama;
- 102,640 of the United States' DWI arrests took place in cities with populations similar to Marshall County, Marshall County, Alabama;
- Alabama accounted for 13,924 of DWI arrests in the United States;
- Of the DUI and DWI arrests in the country, persons aged 30-34 years old accounted for 117,704 of those arrests;
- In 2009, in the United States, 954,444 Whites, 121,594 African-Americans, 14,903 American Indians and Alaska natives, and 14,460 Asian or Pacific Islanders were arrested for Driving While Intoxicated charges.
In total, males of all ages accounted for 860,689 of all DWI / DUI arrests in the country.
Don't let yourself become a statistic! Contact a Marshall County DWI Lawyer now!
Getting arrested in Marshall County, Alabama is a complex process that will be followed by the initiation of criminal charges by the Marshall County District Attorney's Office. If you are arrested for a traffic violation or DWI in Marshall County, it is imperative that you know your rights and speak with a qualified Marshall County Criminal Defense Attorney immediately!
What is required in order for a Marshall County Law enforcement officer to stop and detain my motor vehicle if they suspect drunk driving?
In order for a Alabama Law Enforcement Officer to detain you for a suspected DWI violation, the officer is required by law to have "reasonable suspicion" that a Marshall County motorist has been or is committing an alcohol-related criminal offense. In Alabama, legally intoxicated is a Blood Alcohol Level (BAC) of at or over .08%. Even if you do take the breathalyzer and pass the test, i.e., your BAC is less than .08%, you can still be charged with Driving While Intoxicated under Alabama law. The National Highway Traffic Safety Administration Office has promulgated a list of intoxicated driving driving behaviors that can be used to establish reasonable suspicion to detain a Marshall County motorist, including such behavior as tailgating, stopping for an unreasonable amount of time, failure to stop, swerving or speeding, failure to remain in a lane, erratic or sudden braking, among other poor driving actions. Note that two common reasons for being pulled over by a Marshall County Police Officer do not in themselves provide the officer with reasonable suspicion of intoxication:
Weaving - Weaving is not recognized as grounds for reasonable suspicion without further justification.
Speeding - Speeding is not recognized as an identifying sign of intoxication, so if you pulled over for speeding with no other seeming violations, the officer will not have reasonable suspicion to pursue a DWI or DUI investigation.
But....how many DWI Arrests started with weaving or speeding? Many!!
Driving Schools in Marshall County
If you find that you are pulled over for suspicion of driving while intoxicated in Marshall County when you are sober, it may be because you are not a very good driver. If this is the case, it may be time to visit a Marshall County driving school for a refresher course in safe driving. Below is a list of some Marshall County driving schools.
Balentine Driving School, LLC
Scissum Driving Academy
6408 Eric St NW
Huntsville, AL 35810
Jomil Driving School
2317 Meridian St N
Huntsville, AL 35811
SIGNS OF "BEING DRUNK"
What is required in order for a Marshall County Law Enforcement Officer to arrest me for a DWI criminal offense?
If you have been detained by a Marshall County Police Officer for suspected drunk driving or driving while intoxicated, then the officer will be looking for the following indicators of intoxication, or being drunk, as recommended by the National Highway Traffic Safety Association:
- Flushed face
- Red, watery, glassy, or bloodshot eyes
- Odor of alcohol on breath
- Slurred speech
- Fumbling with wallet while trying to get license
- Unsteady feet while exiting the vehicle
- Swaying while standing
- Leaning on car for support
- Being combative, argumentative, or jovial while talking to the officer
- Disheveled clothing
- Lack of awareness in regards to time and place
- Unable to follow police instructions
What are my RIGHTS when ARRESTED?
(1) The Right to Refuse - Do I Blow or Not?
If you are arrested for a Marshall County DWI offense, then while you are still at your vehicle you have the Right to Refuse any Field-Sobriety Testing and any Portable Breathing Test that a Marshall County officer will administer upon stopping your vehicle. At the time of your arrest, an officer will be attempting to obtain evidence to create probable cause that an individual is committing a DWI or DUI crime. Even though exercising your Right to Refuse can be used to initiate a Alabama Driver's License Suspension, exercising this right may insure that you do not suffer from the Marshall County DWI Criminal Penalties. You can exercise your Right to Refuse.
(2) The Right to "Be Quiet" - Do I Talk or Not?
You are not required to answer questions that are designed to be incriminating. Informing the officer that you had one or two alcoholic beverages should not be harmful since it usually would not cause a person to be impaired. This response may explain away the odor of alcohol on your breath. Remember to remain calm, be courteous, and show respect to the officer at all times. Always remember that after stopping you and approaching your vehicle, the officer is probably already recording your discussion and actions on video without your knowledge.
Always Respond to Questions about Who You Are
In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Supreme Court of the United States ruled that laws requiring "suspects" to identify themselves during "investigative stops" by law enforcement did not violate the 4th Amendment of the U.S. Constitution. In other words, you can be arrsted for just not identifying yourself or, alternatively, failing to give identifying information.
(3) The Right to Miranda Warnings - Listen for & to them!!!!
You are arrested for a Marshall County DWI offense, the police officer is not required to read you your "Miranda Rights" unless they want to talk to you once you are in custody. It is not necessary for the police to read you your rights at the time of arrest. That is just something that can, and often does, happen. However, it is not a prerequisite for a lawful arrest until the police begin custodial interrogation, if they choose to do so.
(4) The Right to an Attorney - Contact a Marshall County DUI Lawyer as soon as possible!
The State Laws of Alabama do not provide persons stopped for DWI, or DUI to initially have the right to an attorney. You do not have the right to consult with a Lousiana DWI / DUI attorney before you blow, refuse to blow and/or take, or refuse to take, a chemical blood testing. You do not have a right to speak to a lawyer until after the initial investigation on the street is complete and you have been taken to jail. Most citizens do not understand that, after their arrest, they are not entitled to speak to a lawyer when confronted with the decision of taking or refusing a blood, breath or urine test. Keep in mind, that it is still a good idea to request a lawyer when you are first stopped by the Marshall County police.
Hospitals in Marshall County
If you have been in an accident resulting from a Marshall County drunk driving incident, you may be taken to one of these Marshall County hospitals for evaluation and/or treatment.
Marshall Medical Center North
Cancer Care Center at MMCS
2525 U.S. 431
Boaz, AL 35957
Marshall Medical Center South
Off to Jail We Go - What Happens Next?
If you are looking for a friend who just got arrested; or you have a family member that just was taken in, you should call now and get a Marshall County DWI lawyer immediately on their case. They will be taken to jail and booked into the jail. The process can take many hours. It is important that the Marshall County DWI Lawyer be working on the case during this time. If you speak to the person, instruct them not to say anything to the law enforcement no matter how nice they think they are. They are not their friend! In Marshall County, at the Marshall County Prison, once you are booked and in the holding cell, you will be allowed to make collect telephone calls.
Where will I be taken if I am arrested for a DWI or DUI offense in Marshall County?
If you, a friend or a family member is arrested for a DWI offense in Marshall County, you will be taken to:
Marshall County Sheriff's Office
Gyms in Marshall County
If you are facing time in Marshall County Prison, you may wish to spend some time in the gym before you go to "bulk up" before you go. Here is a list of gyms in Marshall County.
777 U.S. 431
Boaz, AL 35957
14226 U.S. 431
Guntersville, AL 35976
Therapy Plus Fitness South
New U Fitness
7871 Alabama 75
Horton, AL 35980
2423 Old Huntsville Hwy NW
Arab, AL 35016
The Marshall County DWI Attorneys & Marshall County DUI Lawyers on this site will HELP YOU!
Houston DWI attorneys have professional experience with all the legal proceedings of your DUI charge including: Felony DUI, DUI conviction, guilty plea, Traffic Stops, Alcohol and Drug Awareness Education Programs, Ignition Interlock Device, Marshall County Administrative Hearings, and Stop and Arrest information. Serving clients throughout Southwestern Alabama, including Atmore, Bay Minette, Bayleys Corner, Bayou La Batre, Belforest, Bellefontaime, Blakeley, Bromley, Chunchula, Chickasaw, Citronelle, Coden, Creola, Daphne, Deer Park, Delchamps, Dixon Corner, Fairhope,Fruitdale, Grand Bay, Gulfcrest, Jackson, Le Moyne, Loxey, McIntosh, Marshall County, Mount Vernon, Park City, Perdido, Point Clear, Prichard, Robertsdale, Saraland, Satsuma, Semmes, Silverhill, Spanish Fort, Stapleton, Steelwood, Summerdale, Theodore, Tillmans Corner, Wagarville, Wilmer, areas in the vicinity of Marshall County Regional Airport, and other communities in Marshall County.