The Laws Surrounding DUI Cases

Gibson Vance, host of The Beasley Allen Report, welcomes John T. (Tommy) Kirk, one of the most successful criminal defense lawyers handling DUI (Driving Under the Influence) cases in the state of Alabama. A graduate of Jones School of Law in 1971, he began practicing law in 1972. He worked as a City Prosecutor until 1981, when he decided to enter private practice. He has been devoted to the practice of DUI law since the early 1990s. He talks with Gibson about major changes in the laws regarding DUI since the 1980s, and the process of evaluating a DUI case. "At no time would I want anyone to think I am condoning drinking and driving," Kirk tells Vance. "We defend people just as any person in the criminal justice system is entitled to, and it's a burden of proof on behalf of the state or the city -- the prosecuting government agency -- to prove the elements of an offense," he says. Cases involving DUI may often involve opinions, which may be questionable. For example, he says, performance on field sobriety tests may be influenced by other factors in the person's history which could influence the outcome. Even results of a breath test are based on a standard formula of number drinks per a person's weight, which may be highly variable from person to person, he says. "Everyone who is charged is not guilty," Kirk says.

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News & Politics

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• beasley
• beasley allen
• dui
• drunk driving
• John Kirk
• Gibson Vance
• Driving Under The Influence