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Defense Lawyer Joseph C. Kreps, DUI Defense Attorney |
| Driving Under the Influence (DUI / DWI) |
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| Administrative Driver’s License Suspension Hearings |
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| Alabama Driver’s License Suspension Appeals |
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| Criminal Law |
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| Traffic Violations |
Some of the ways in which he can assist you in defending your Alabama DUI charge are listed below:
| charges may be dismissed | |
| obtain a not guilty verdict | |
| dismiss the DUI and reach a plea agreement for a lesser offense | |
| keep you out of jail | |
| allow you to keep your driver's license | |
| reduce the amount of fines and costs in the event of a conviction or guilty plea |
Professional Associations & Memberships
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National College for DUI Defense Member
Certified per NHTSA Guidelines to Administer Standardized Field Sobriety Tests
Certified per NHTSA Guidelines as a Standardized Field Sobriety Test Instructor
Birmingham Bar Association Member
American Association for Justice N.L.D. Governor, State of Alabama
Alabama Association for Justice Member
Alabama Criminal Defense Lawyers' Association Member
Texas Criminal Defense Lawyers’ Association
MemberNational Association of Criminal Defense Lawyers Member
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Contact Us at:
www.Alabama-DUI-Defense.com
Toll-Free Telephone: (888) KREPS-LAWWhen you or someone close to you is facing arrest, investigation, and trial or jail time for DUI/DWI in the state of Alabama, needless to say you need an experienced, aggressive and knowledgeable DUI / Criminal Defense lawyer. Someone whose experience is based upon his quest for justice and his success in defending his clients, Attorneys Joseph C. Kreps and D. Louise Duckwall and their dedicated and experienced team are there to be by your side and help you through the process of defending you and your loved ones.
Anyone facing an allegation that they have violated Alabama DUI laws would need a defense attorney they can trust. At Kreps Law Firm, you will find a team that is very well trusted and respected to fight hard for their client's best interests.
Our careers have been dedicated to helping people who have been charged with DUI/DWI offenses in the state of Alabama. We, along with our associates, have fought hard to protect clients and help them start a new life. Joseph C. Kreps is a criminal defense lawyer who wants what is best for every client, and works hard to find a resolution that will most likely assist his client to erase the past and begin a new future. He has, over the years, been successful in gaining dismissals, acquittals and reductions for his clients.
The bond between the client and his criminal defense lawyer is a very special one as it is based on trust that the client has and experience and expertise that the lawyer brings to court when defending his accused client Before deciding on the right criminal defense lawyer for your case, you should talk with the attorney and get a feel for how you will work together. Every accused should always remember that deciding who to hire as your criminal defense attorney may be the most important decision of your life.When an individual is arrested and accused of DUI/DWI, the services of a qualified attorney is highly recommended. It is a known fact that the criminal proceedings will most likely involve multiple court hearings, the defendant will generally not have to appear at most of them if he is properly represented by an experienced Criminal Defense attorney who specializes in DUI/DWI cases.
An accused may very often retain any general criminal attorney and general practitioner when facing drunken driving charges. Defense in this field is a very complex one, involving complex criminal and administrative laws, as well as chemical evidence with scientific issues of physiology, biochemistry and many other issues. As non-specialized attorneys have very little, if any, training in the field, the outcome of the case may not always be in the defendant’s favor. However, when represented by an attorney who is experienced with DUI cases and specializes in the field – the individual faces these criminal proceedings with considerably more peace of mind and confidence.
The attorneys at Kreps Law Firm, LLC, handle hundreds of Alabama driving under the influence (DUI) and failed Field Sobriety test charges each and every year. Our trained, experienced, aggressive traffic violation defense law attorneys will protect your driving privileges and help to keep your insurance rates low and your record clean.
Call us today at (888) KREPSLAW, or visit us at: www.Alabama-DUI-defense.com or www.Alabama
TrafficTicketAttorney.com
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Charge(s): DUI
Facts: Client was traveling from Georgia to Alabama when he was distracted by his cellular phone. Client lost control of the vehicle and had an accident. Officer arrived on scene and asked client to perform two standardized field sobriety tests. Client was placed under arrest and taken to the jail.
Draeger: 0.11g/210L -
Result: Cases DISMISSED upon negotiations by Kreps Law Firm DUI Attorney and prosecutor.
Charge(s): DUI
Facts: Unknown
Draeger: Unknown
Result: Case DISMISSED upon negotiations by Kreps Law Firm DUI Attorney and prosecutor.
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Charge(s): Public Intoxication
Result: Case DISMISSED after negotiations by Kreps Law Firm DUI Attorney and payment of court costs. -
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Charge(s): DUI
Facts: Client had attended a wake earlier in the evening of a very dear friend. After the ceremony, the client went to the local bar and had two glasses of wine to calm her nerves. Client left the bar and attempted to return home. Client missed her turn and tried to turn around in a driveway. Client turned the wheel too sharp and backed her car into the ditch. While her car was in the ditch and trying to locate her AAA contact information a deputy pulled up. The officer stated that he could smell alcohol on her breath and asked client to perform standardized field sobriety tests. Office placed client under arrest for driving under the influence of alcohol.
Draeger: 0.11g/210L
Result: Case DISMISSED after Motions filed by Alabama DUI Attorney Joseph Kreps and negotiations with prosecutor.
Charge(s): DUI and Possession of Alcohol
Facts: While driving and talking on his cellular phone, client missed his turn. Client turned around and noticed a police car in his rear view mirror. Client pulled over and officer approached the vehicle and asked the client to exit. Client did as the officer requested. Officer asked client to perform standardized field sobriety tests (one-leg stand and finger to nose). After completing the SFST’s officer asked client to have a seat in the front passenger seat of the patrol car. Officer transported the client to the jail.
Draeger: 0.15g/210L
Result: Case DISMISSED upon Motions filed by Kreps Law Firm DUI Attorney and payment of court costs.
Charge(s): Public Intoxication
Facts: After being out with friends, client attempted to walk home due to not being able to locate a taxi. Client had decided to go to the local fast food restaurant to get food and sat down in the parking lot and fell asleep. Police officer arrived and took client to jail for public intoxication.
Result: Case DISMISSED upon negotiations by Kreps Law Firm DUI Attorney and prosecutors.
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Charge(s): DUI and Speeding
Facts: Client was here from out of state for work and had been out with a co-worker. Client and co-worker had been at a local sports bar to watch a football game. After the game the client took the co-worker back to his home. Due to the client not being from around here, he got on the road going the wrong direction. Client turned around and noticed the police car lights in his rear view mirror. After locating a safe place to pull over client did so. Officer explained to client that he was being pulled over for speeding. Officer asked client if he had been drinking. Client told the officer that he had in fact had a couple of beers earlier in the night. Officer asked client to perform standardized field sobriety tests (one-leg stand, walk and turn and horizontal gaze nystagmus). After completing the SFST’s client was placed under arrest for driving under the influence.
Draeger: 0.11g/210L
Result: Case DISMISSED upon negotiations by Kreps Law Firm Traffic Attorney and prosecutors. -
Note: These testimonials are not an indication of future results. The results listed on this site are from actual cases handled within the State of Alabama by Kreps Law Firm attorneys and not from any particular city or county. Every case is different, and regardless of what friends, family, or other individuals may say about the outcome of a particular case, each case must be evaluated on its own facts and circumstances as they apply to the law. The evaluation of a case depends on the facts, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.
“No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." -
KREPS LAW FIRM, LLC
502 Montgomery Highway, Suite 202
Birmingham, Alabama 35216 -
Tel: (205) 824-6545
Fax: (205) 824-6548 -
Kreps Law Firm, LLC, represents DUI clients across the entire State of Alabama, including the communities of Birmingham, Vestavia Hills, Hoover, Jasper, Homewood, Mountain Brook, Bessemer, Pelham, Alabaster, Huntsville, Decatur, Florence, Boaz, Albertville, Guntersville, Cullman, Montgomery, Ashville, Butler, Centreville, Clanton, Columbiana, Eutaw, Hamilton, Lincoln, Oneonta, Pell City, Tuscaloosa, Atmore, Bay Minette, Foley, Brewton, Castleberry, Coffeeville, Evergreen, Grove Hill, Jackson, Mobile, Monroeville, Alexander City, Arab, Athens, Dadeville, Decatur, Ft. Payne, Gadsden, Montevallo, Riverside, Piedmont, Rockford, Russellville, Sylacauga, Talladega, Wedowee, Andalusia, Auburn, Camden, Daleville, Demopolis, Dixons Mills, Enterprise, Gulf Shores, Orange Beach, Eufaula, Fort Deposit, Georgiana, Greensboro, Greenville, Lafayette, Linden, Marion, Montgomery, Opelika, Opp, Phenix City, Prattville, Red Level, Roanoke, Selma, Tallassee, Troy, Tuskegee, West Point, Wetumpka, Dothan, Anniston, Oxford, Trussville, Gardendale, Harpersville, Chelsea, Pleasant Grove, and Northport. In addition, the firm advises clients who have been issued a speeding ticket while driving along I-20, I-59, I-65, or I-459 in Alabama.
Jefferson County • Shelby County • St. Clair County • Bibb County • Walker County • Cullman County • Blount County • Tuscaloosa County • Etowah County • Chilton County • Morgan County • Madison County • Calhoun County • Dallas County • Montgomery County • Talladega County • Cleburne County • Baldwin County • Lee County • Mobile County • Marion County -
DUI DEFENSE RESULTS
KREPS LAW FIRM, LLC
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Kreps Law Firm LLC.
502 Montgomery Highway
Suite 202
Birmingham, AL 35216
ph. (866) 348-2889 -
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CALL TODAY
(866) 348-2889
Alabama32-5A-191 Driving while under influence of alcohol, controlled substances, etc.(a) A person shall not drive or be in actual physical control of any vehicle while:(1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection. All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i). (c)(1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year. (2) A person shall not drive or be in actual physical control of a commercial motor vehicle as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is .04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section. (d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section. (e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days. (f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year. (g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years. (h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years. The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama's habitual felony offender law. (i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program. (j) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance. (k) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction within five years, over one thousand dollars ($1,000) for a third conviction within five years, and over two thousand dollars ($2,000) for a fourth or subsequent conviction within five years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction within five years, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law. Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows: The first two hundred dollars ($200) of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) for any conviction credited to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality. The second three hundred dollars ($300) of the fine collected for a first conviction, the second eight hundred dollars ($800) collected for a second conviction, the second one thousand eight hundred dollars ($1,800) collected for a third conviction, and the second three thousand eight hundred dollars ($3,800) collected for a fourth conviction shall be divided with 50 percent of the funds collected to be deposited to the State Treasury to be credited to the State General Fund and 50 percent deposited as otherwise provided by law for municipal ordinance violations. Any amounts collected over these amounts shall be deposited as otherwise provided by law for municipal ordinance violations. Notwithstanding any provision of law to the contrary, 90 percent of any fine assessed and collected for any DUI offense charged by municipal ordinance violation in district or circuit court shall be computed only on the amount assessed over the minimum fine authorized, and upon collection shall be distributed to the municipal general fund with the remaining 10 percent distributed to the State General Fund. (l) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof. (m) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant's subsequent arrest and pending prosecution to the court in which the prior conviction occurred. (n) When any person over the age of 21 years is convicted pursuant to this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present in the motor vehicle. (o) A prior conviction within a five-year period for driving under the influence of alcohol or drugs from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section. (p) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state or territory or a municipality of another state or territory more than once in a five-year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender's driver's license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle. (Acts 1980, No. 80-434, p. 604, §9-102; Acts 1981, No. 81-803, p. 1412, §1; Acts 1983, No. 83-620, p. 959, §1; Acts 1984, No. 84-259, p. 431, §1; Acts 1994, No. 94-590, p. 1089, §1; Acts 1995, No. 95-784, p. 1862, §2; Acts 1996, No. 96-341, p. 416, §1; Acts 1996, No. 96-705, p. 1174, §1; Acts 1997, No. 97-556, p. 985, §1; Act 99-432, p. 787, §1; Act 2000-677, p. 1376, §1; Act 2002-502, p. 1299, §1; Act 2005-326, p. 795, 1st Sp. Sess., §1; Act 2006-654, §1.) |
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DWI Notes for Alabama (AL)Driving while intoxicated known as DWI, DUI (driving under the influence) or OUI (operating under the influence) is a serious offense in Alabama. Losing your license to operate a vehicle in AL is just one of the penalties. It is in your best interest to hire an experienced criminal defense attorney to handle your case. A lawyer who specializes in drunken driving cases will be able to defend your constitutional rights. The field sobriety tests, the breathalyzer or Alcotest blood alcohol content (BAC) readings may be flawed and could result in a not guilty verdict in court. Only an experienced DWI lawyer will know how these tests should be administered and whether they were performed according to the guidelines provided by the National Highway Traffic Safety Administration (NHTSA). Standardized Field Sobriety TestingThe National Highway Traffic Safety Administration has created a set of Standardized Field Sobriety Test (SFST). These three tests have to be administered and evaluated in a standardized manner to obtain accurate indicators of impairment. Most police officers fail to administer these tests correctly. Your DWI attorney may be able to challenge the validity of the stop and arrest by reading the report submitted by the police officer or trooper or by the testimony provided in court.
Other tests, like counting backwards or saying the alphabet from one letter to another have not been proven to be reliable indicators of being intoxicated or under the influence. Keep in mind that even the reliable tests must be administered correctly for them to be valid indicators of DWI.
According to the National Highway Traffic Safety Administration has determined that if between both eyes, four or more indicators are present the subject is probably under the influence. This test is therefore allowed for the purpose of making a DWI/DUI arrest and requiring a breath test at the police station.
Walk & TurnIn the Walk & Turn test, the police officer will ask the DWI suspect to take nine steps placing the heel to the toe in a straight line. Someone suspected of DWI should follow instructions carefully for this test. The seven indicators of failure in the walk and turn are:
NHTSA research indicates that the majority of DUI suspects who fail two or more of the above items are operating under the influence. You will be arrested and charged with DUI/DWI and required to provide a breath sample. One Leg StandThe one leg stand test requires the DWI suspect to stand with one foot approximately six inches off the ground and count aloud starting with one thousand and increasing by one (one thousand-one, one thousand-two, one thousand three, etc…) until told to lower the foot by the police officer. The officer is required to time the subject for 30 seconds. The four indicators of DWI impairment are:
NHTSA research indicates that the majority of DWI suspects who exhibit two or more of these indicators are under the influence. Probable CauseThe field tests that are administered on the side of the road are used by police officers to establish probable cause for the arrest. Your DWI attorney may be able to challenge these tests as well as the reason you were stopped in the first place. In order for these tests to yield valid results they have to be administered in the proscribed manner and must be evaluated based on a total number of indicators. The more indicators are present, the more likely that the person is operating under the influence. Because most people charged with DWI do not understand what these tests are looking for or how they should be administered, it is extremely important that a lawyer that specializes in DWI defense be used to examine all the evidence and provide a recommendation on how to proceed. Designed and Hosted by Alonso Consulting, Inc. |
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