Birmingham DUI Lawyer
Joseph C. Kreps
If you are arrested for drunk driving, it is crucial to have an aggressive, experienced Alabama DUI attorney who can guide you through the increasingly complex maze of drunk driving laws.
The Birmingham DUI defense attorneys at Kreps Law Firm, LLC work tirelessly and provide the highest quality DUI / DWI defense representation to individuals throughout the state of Alabama. A DUI arrest and the process that follows can be a difficult experience for an inexperienced lay person to tackle alone. A DUI charge is very serious and you will likely feel helpless and scared at this point, but we can help you through this difficult time in your life. Most people accused of driving under the influence do not fully understand the process and any person accused of DUI should not proceed without an experienced Birmingham DUI lawyer at Kreps Law Firm, LLC. All of our Alabama drunk driving attorneys take the time to listen to you and explain the legal ramifications of your case and come up with the best plan to resolve your case.
Once our Birmingham DUI lawyers are able to thoroughly determine the legal details of your case, our firm goes to work examining all aspects of your case for mistakes police may have made or ways in which we can seek dismissal of the charges. Once a case goes to court, a prosecutor is out for blood and their focus is on getting a conviction. In many cases, we may seek a plea bargain before the case gets to trial in order to minimize the consequences to you. However, this is a determination made on a case by case basis, and we pursue the case utilizing all available resources in order to best serve your needs and realistic goals for the case.
Our Alabama drunk driving attorneys combine empathy and compassion for clients with experience and expertise in DUI law, providing legal representation of the highest order within the following areas:
- Driving Under the Influence of Alcohol or Drugs (DUI)
- Misdemeanor
- 1st Offense
- Repeat Offenses
- Felony
- Repeat Offenses
- Misdemeanor
- Civil portion of DUI Charge - Driver’s License Suspension Appeal
- DUI Charge - Truck Driver Cases (CDL)
- DUI - Drugs
- DUI - Under 21
Throughout the country, DUI / DWI laws are becoming more strict and the punishments are becoming more severe (jail time, driver’s license suspension and revocation, and mandatory sentences), and it is extremely important that you have an experienced and aggressive Alabama drunk driving defense lawyer on your side. Without competent representation, you may end up completing a course of punishment that was completely unnecessary. Our Birmingham DUI lawyers can aid you in standing up for your rights and taking your case to trial, if needed. Our office is not a firm that always avoids trial at all costs. We make a determination about the way in which we pursue a resolution to a drunk driving defense case based on the client’s goals and our realistic assessment of the possibilities.
If you have been cited for or charged with Alabama drunk driving, enlist the assistance of a well known and well respected DUI and DWI defense attorney at the Kreps Law Firm, LLC. Our Alabama DUI defense lawyers are proud of the reputation we have gained throughout the legal community in Alabama and work hard to maintain that reputation.
Please be aware that it is essential that you hire an Alabama DUI defense attorney that you feel comfortable talking to. Open communication and honesty is very important to our full understanding and assessment of your case. Telling your attorney only part of the story, or giving false information is a waste of everyone’s time, energy and resources. The better the defense attorney on your side, the harder it will be for the prosecution to obtain a conviction.
Once our Alabama DUI Defense lawyers are able to thoroughly determine the legal details of your case, our firm goes to work examining all aspects of your case for mistakes police may have made or ways in which we can seek dismissal of the charges. Once a case goes to court, a prosecutor is out for blood. Their focus is on getting a conviction. In many cases, we may seek a plea bargain before the case gets to trial in order to minimize the consequences to you. However, this is a determination made on a case by case basis, and we pursue the case utilizing all available resources in order to best serve your needs and realistic goals for the case.
Kreps Law Firm, LLC of Birmingham, Alabama represents clients across Alabama, including Jefferson, Shelby, St. Clair, Bibb, Walker, Cullman, Blount, Tuscaloosa, Etowah, Chilton, Madison, Calhoun, Dallas, Montgomery & Talladega counties, and the communities of Birmingham, Vestavia Hills, Hoover, Jasper, Homewood, Mountain Brook, Bessemer, Pelham, Alabaster, Huntsville, Vestavia, Decatur, Florence, Boaz, Albertville, Guntersville, Cullman, Montgomery, Jasper, Lincoln, Oneonta, Pell City, Tuscaloosa, Mobile, Cullman, Decatur, Florence, Gadsden, Montevallo, Riverside, Sylacauga, Talladega, Auburn, Gulf Shores, Orange Beach, Selma, Troy, Anniston, Oxford, Trussville, Gardendale, Harpersville, Pleasant Grove, and Northport.
Contact a Birmingham DUI lawyer at the office of the Kreps Law Firm, LLC today at 866-680-3411. Our Alabama drunk driving attorneys strive to help you understand your options for the pursuit of a resolution to your situation. Our firm handles cases all over the State of Alabama and we are ready to help you with your case.
Practice Areas and Legal Definitions
Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law, the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical; for these reasons, self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:
Driving With a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, such as when someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.
- Medical/Drug Suspension
Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders, and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts. - Negligent Driver Suspension
This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents. - Drunk Driving Suspension Based on BAC
If a defendant’s chemical test shows a Blood Alcohol Content (BAC) of .08% or more, most states impose a 30- to 90-day license suspension. This varies from state to state, and may be longer. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest, as well as the validity of the chemical test. - Drunk Driving Suspension Based on Test Refusal
Where the defendant refuses to submit to a chemical test, most states provide for a license suspension that can range from six months to a year; in at least one state, the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension, it remains in place, even if the defendant is found not guilty. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest, as well as the validity of the chemical test.
Operating While Intoxicated From Drugs or Prescription Medications:
Most people know that it is illegal to operate a vehicle while intoxicated from illegal drugs, but many people believe they can avoid a conviction for OWI by producing a prescription for the drug in question. This is not true. An OWI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any OWI (drugs) case is whether, as the result of impairment from drug intoxication, the driver has lost the ability to drive safely. It is just as unlawful to operate a vehicle while intoxicated from properly prescribed medication as it is to operate a vehicle while intoxicated from drinking too much alcohol.
Operating While Intoxicated (OWI) With Prior Convictions:
In all 50 states, repeat OWI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.
Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.
Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.
White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.
Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.
Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.
Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.
If you or someone you know in the Birmingham area or throughout Alabama needs the assistance of a skilled Birmingham DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or complete the form on this site to schedule your free consultation.
Charge(s): Driving Under the Influence (DUI); Reckless Driving.
Facts: Client was traveling East on I-20 in Alabama. Officer initiated traffic stop for driving recklessly. Subject failed field sobriety tests per officer’s report.
Blood Alcohol: 0.18 g/ 210L
Result: DUI Charge Dismissed at Pre-trial hearing after negotiations between DUI Defense Attorney Joseph Kreps and prosecutor.
Charge(s): Driving Under the Influence (DUI).
Facts: Client was traveling on I-459 near Birmingham, Alabama. Involved in motor vehicle collision. Subject failed limited field sobriety tests per officer’s report. Issue as to whether client was driving vehicle.
Blood Alcohol: 0.14 g/ 210L per hospital blood test. 0.06 g/210L 5 hours after accident per Draeger.
Result: DUI Charge Dismissed. Kreps Law Firm attorneys and investigators obtained affidavit from witness and driver of vehicle of other vehicle that our client was not driving.
Charge(s): Driving Under the Influence (DUI); 3rd Offense. Driving on Wrong Side of the Road.
Facts: Client was traveling near downtown Birmingham on the wrong side of the road. Subject failed field sobriety tests per officer’s report.
Blood Alcohol: Refusal.
Result: DUI Charge Dismissed upon Pre-Trial Motion by DUI Attorney Joseph C. Kreps.
Charge(s): Driving Under the Influence (DUI); 3rd Offense. Failure to Drive in Traffic Lane.
Facts: Client was traveling on Highway 280. Police Officer followed client for approximately 2 miles. Officer reported drifting several times and failure to maintain traffic lane. Cooler of beer in front seat. Open containers of beer in vehicle. Subject failed field sobriety tests per officer’s report. Officer’s report indicated stop was videotaped by in-car police recording device. Police agency failed to preserve videotape.
Blood Alcohol: Refusal.
Result: Pre-Trial Motion filed to Dismiss Charges and Suppress any and all evidence. After hearing just before trial, Judge indicated he would likely grant motion and requested briefs. DUI Charge then Dismissed by Prosecutor after arguments by DUI Attorney Joseph C. Kreps.
Charge(s): Driving Under the Influence (DUI); 3rd Arrest for DUI.
Facts: Client and a friend had visited a bar and stopped at IHOP around 1 a.m. to eat. Sheriff’s Deputy was eating at the IHOP. According to officer’s report, client and his friend were loud and appeared intoxicated. Ordered to leave by officer. Client and friend left and officer jumped in his squad car, chased client down and arrested him for DUI. Refused field sobriety tests.
Blood Alcohol: Refusal.
Result: Pre-Trial Motions prepared to Dismiss Charges and Suppress any and all evidence due to Entrapment. After hearing just before trial, Judge dismissed DUI charge upon Motion after arguments by DUI Attorney Joseph C. Kreps.
If you or someone you know in Alabama needs the assistance of an experienced Talladega DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or use the contact form provided on this site to schedule your free consultation.
Professional Profile
If you or someone you know in the Birmingham area or throughout Alabama needs the assistance of a skilled Birmingham DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or complete the form on this site to schedule your free consultation.
ADDRESS OF THE FIRM:
Kreps Law Firm, LLC
1932 Laurel Rd., Ste 1-E
Birmingham, AL 35216
Telephone: 866-680-3411
Fax: 205-824-6548
MEMBERs OF THE FIRM:
Joseph C. Kreps
EDUCATION:
- University of Alabama, B.S.
- Cumberland School of Law, J.D.
COURTS ADMITTED:
- Alabama
- National Association of Criminal Defense Lawyers
- Alabama Criminal Defense Lawyers’ Association
- Alabama State Bar Association
- Association of Trial Lawyers of America
- Alabama Trial Lawyers’ Association
"If you want to beat your DUI charge, call us first. We offer client-focused attention on all aspects of your DUI case. You can call our office and speak to your attorney at any time, and will be provided a cell phone number for after-hours emergencies. Our office phones are answered 24 hours a day, 365 days a year."
- State trooper accused of DUI waives hearing (The Reporter)
A Pennsylvania State Police corporal, well known in law enforcement circles as an accident reconstruction expert, has waived his arraignment on charges he was driving drunk on Route 422 before crashing his Honda Accord while off-duty in December. - Freemansburg man withdraws plea in road-rage case (The Morning Call)
Jonathan Hanchick's decision moments before sentencing upsets family of dead Bethlehem Township teen A Freemansburg man facing sentencing for killing his friend in a 2008 road-rage accident withdrew his guilty plea on Friday, with his attorney saying he wants ''all of the facts'' about what happened aired. - Senavitis trial aftermath: Physics was key to acquittal (Pocono Record)
For the defense team representing Thomas Senavitis, the man charged in the October 2008 three-vehicle crash in Gilbert that fatally injured state Sen. James Rhoades, the outcome of the case would depend on how the jury interpreted the laws of physics. - Senavitises bitter over ordeal but relieved at outcome (Pocono Record)
For more than nine months, Thursday nights have been mostly bitter for Thomas and Dolores Senavitis. That's the night Dolores visits her husband at Monroe County Correctional Facility. - Women cleared of evidence tampering in West Marin murder case (Marin Independent Journal)
Two women were acquitted Friday on charges of tampering with evidence in a West Marin murder investigation, while the killer himself was convicted of two more crimes. - Defendant pleads guilty in fiery Torrey Pines fatal crash (Solana Beach Sun)
By KELLY WHEELER City News Service A bartender who drove drunk and caused a fiery rear-end collision on North Torrey Pines Road in which the other driver burned to death pleaded guilty Friday to gross vehicular manslaughter while intoxicated. Michael Patrick Landri, 30, also admitted allegations of driving with a blood-alcohol content of .15 percent or higher and that his actions caused great ... - Bartender admits fault in deadly DUI crash (FOX 5 San Diego)
A bartender who drove drunk and caused a fiery rear- end collision on North Torrey Pines Road in which the other driver burned to death pleaded guilty Friday to gross vehicular manslaughter while intoxicated. - Boater Guilty In Friend's Crash Death (WCVB Boston)
The former head of the New Hampshire Recreational Boaters Association on Thursday was convicted of negligent homicide for piloting her speedboat into a ledge in Lake Winnepesaukee -- killing her friend and injuring herself and a passenger. - ABC 6 New Exclusive: Survivor Back at Scene (KAAL Austin)
(ABC 6 NEWS) -- It is a day that changed one woman's life forever. Now, months after she lost some of the closest people to her, she's starting to see justice. - Missoula Breathalyzer Ordinance (KECI Missoula)
Missoula could be the second city to enact an ordinance making it a crime to refuse a breathalyzer after being pulled over. Darby south of missoula enacted a similar ordinance. Defense attorneys think it's only a matter of time before the state supreme court is asked to step in. City councilman Dave Strohmaier says Missoula needs the ordinance to send a message to drunk drivers. Right now ...
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