Criminal Defense
DUI, Drug Charges, Criminal Charges
Get an Experienced Lawyer on Your Side
Know Your Rights
Drug Charges
DUI, Drug Charges, Criminal Charges
Every day, people in North Alabama are accused of driving under intoxication (DUI), drug charges and criminal offenses. Often the accused are law-abiding people who simply made a mistake, and sometimes they are wrongfully arrested, their rights being violated. No matter what your situation, attorney John Totten can immediately begin working on your behalf.
Get an Experienced Lawyer on Your Side
Mr. Totten’s past experience includes years as a criminal defense attorney in Birmingham. Now he is a well-respected lawyer in the North Alabama justice system, known for his aggressive and skilled work for his clients. He not only helps Alabama residents; he also works for the many tourists to our area.
In Alabama, punishments for drunk driving in either a car or boat can be severe. A first-time offense can carry a 90-day suspension of your driver’s license. Repeat offenses can result in a felony jail sentence of more than 5 years.
- 1st Offense:
FINE: $600.00 - $2,100.00
JAIL: Up to 1 year
Driver’s License suspended for 90 days - 2nd Offense:
FINE: $1,100.00 - $5,100.00
JAIL: Up to 1 year with a minimum mandatory 5 days to serve in jail that is not subject to probation
Driver’s License revoked for 1 year if second conviction within 5 years - 3rd Offense:
FINE: $2,100.00 - $10,100.00
JAIL: Up to 1 year with a minimum mandatory 60 days to serve in jail that is not subject to probation
Driver’s License revoked for 3 years - 4th Offense:
FINE: $4,100.00 - $10,100.00
JAIL: 1 year and 1 day up to 10 years (felony)
Driver’s License revoked for 5 years
Under 21 (1st offense):
Under 21 with .02% BAC, but less than .08%:
- 30 days license suspension
- If Juvenile (under 18), may impose delinquency dispositions, including $250 fine Completion of DUI/Substance Abuse Court Referral Program
Under 21 with .08% BAC and over:
- DUI Fines only, may not assess additional juvenile fine of $250; but if under 18, may utilize other juvenile dispositional alternatives.
Day Care and School Bus Drivers - .02% BAC or more (1st offense):
- 1 year license suspension
- Fine - $600 - $2100 and/or
- Imprisonment for not more than 1 year
- Completion of DUI/Substance Abuse Court Referral Program
Commercial Vehicle Drivers (First Violation):
- 1 Year Suspension: for a BAC of .04 or more.
- 2 Year Suspension: for failure to submit to test.
Mr. Totten works hard to keep his clients away from such severe punishments by representing them in license hearings, thoroughly researching the arrest, and using his years of experience to work out the best possible arrangement.
Know Your Rights
Know your rights if you have had a .08% BAC (blood alcohol content) or any amount that would render the driver incapable of safely driving. DUI applies to both alcohol and drugs - even prescription drugs.
Did you know it is not against the law to drink and drive in Alabama? It is, however, against the law if you have consumed enough alcohol to such a degree that you are unable to safely operate a motor vehicle. Each case has to be assessed by the surrounding facts. Even if you blew over 0.08 you may be exonerated.
You may be asked to take a field sobriety test. These tests are used to test both the ability to perform mental and physical tasks simultaneously. Officers use the results of these tests to determine impairment.
There are 3 tests that you may be asked to take:
- Walk and Turn (32% of the time, the officer is wrong)
- One Leg Stand (35% of the time, the officer is wrong)
- Pen Light Test (generally the officer is not allowed to testify to the results in court)
One other field sobriety test is the portable breath test device that is used to test your breath “on the scene” – this test result is not admissible in court due to the fact that it is not deemed to be scientifically reliable.
There is no law that requires you to submit to these tests. The implied consent law applies to the submission to breath testing and does not apply to field sobriety tests. Therefore, you are not required by law to submit to field sobriety testing.
In addition to defending your DUI charge, there are steps Mr. Totten can take that may allow you to keep your license until your DUI case has been resolved. Your job could depend on this!
Drug Charges
Punishments for drug crimes can be very serious. To prevent you or your loved one from suffering unnecessary jail time or other punishments, call John Totten at Totten & Christian, P.C.
We help people accused of a wide variety of drug crimes, including:
- Drug possession, a.k.a. possession of a controlled substance (prescription drugs),
- Possession of drug paraphernalia (rolling papers, roach clips, scales, baggies),
- Sale of a controlled substance (prescription drugs as Xanex, Lortab, diet pills),
- Drug trafficking and/or transporting (selling or moving legal or illegal drugs over 2.2 lbs),
- Drug manufacture or cultivation (meth, marijuana), and more.
Our lawyers can help people whose charges deal with any drug, from marijuana (pot), cocaine (coke), crack, crystal meth, and heroin to the abuse of prescription drugs such as valium or painkillers.
Whatever the charge and whatever the situation, there are always things that can be done. Mr. Totten can recommend drug treatment instead of jail. If the search during the arrest was conducted illegally, Mr. Totten can stand up for his client’s rights and get the case thrown out of court. We always thoroughly investigate every case, constantly searching for ways to help our clients.
The secret to our lawyers’ success is that they stay on the offensive in every case, aggressively working for our clients. Mr. Totten stays informed of updates in the law so he will always be prepared to provide you with the most current and professional legal defense. We keep clients involved in their cases, returning all calls quickly, and we always treat each client with careful attention and compassion.