Foley DUI Crash: Woman Charged With First-Degree Assault After August Wreck Seriously Injures Driver

FOLEY, Ala. — Foley police have charged a woman with first-degree assault and driving under the influence in connection with an August crash that left another driver with life-threatening injuries, according to the Foley Police Department. The Foley DUI crash charges came Friday, nearly seven weeks after the collision, once investigators received toxicology results.

Lacy Davis, 40, of Foley, was arrested Friday, Oct. 2, and charged with first-degree assault, a Class B felony, and driving under the influence, police said.

The charges are accusations. Davis is presumed innocent unless and until proven guilty in court.

What Police Say Happened

The two-vehicle crash happened around 10:30 p.m. Aug. 15 at the intersection of Fairway Drive and Miflin Road in Foley, according to police.

Officers said one vehicle carried two people: a driver, who suffered life-threatening injuries, and a juvenile passenger, who was not hurt. The driver of the second vehicle, whom police have now identified as Davis, was not injured.

Police have not publicly identified the injured driver or the juvenile.

Charges Followed Toxicology Results

The arrest came weeks after the crash because investigators waited for lab results and conducted additional work on the case before seeking charges, according to the department.

“After receiving official toxicology results and completing additional investigative work, Foley Police officers coordinated closely with the Baldwin County District Attorney’s Office to issue formal charges and secure an arrest warrant,” the department said in a news release.

The release did not specify what the toxicology testing found. Toxicology analysis in impaired-driving investigations can take weeks to complete, particularly when laboratories test for substances other than alcohol, which is why charges in serious crashes are sometimes filed well after the fact.

Victim Faces Long Recovery

The injured driver remains in a rehabilitation facility recovering from injuries suffered in the crash, police said. According to the department, the victim is expected to face lifelong health complications as a result of the collision.

Foley Police Chief Kevin Carnley said the case reflects the department’s focus on impaired driving.

“Our department is dedicated to removing impaired and distracted drivers from our streets,” Carnley said. “We will continue to hold individuals accountable when reckless actions jeopardize the safety of our community.”

Understanding the Charges

Under Alabama law, a person can be charged with first-degree assault for causing serious physical injury to another person while driving under the influence. That provision allows prosecutors to bring a felony charge, rather than only a DUI charge, when an impaired-driving crash results in severe injuries.

First-degree assault is a Class B felony in Alabama. A Class B felony carries a potential sentence of two to 20 years in prison upon conviction, though the actual outcome of any case depends on the evidence, the court and other factors.

Driving under the influence in Alabama covers driving while impaired by alcohol, controlled substances or other substances that affect a person’s ability to drive safely. For adult drivers, a blood alcohol concentration of 0.08% or higher is the legal threshold for a per se alcohol DUI.

What Happens Next in the Case

Felony cases in Alabama generally move from district court to circuit court. After an arrest, a defendant typically has an initial appearance, where bond conditions are addressed. The case may then proceed to a preliminary hearing and is ordinarily presented to a grand jury, which decides whether there is enough evidence to issue an indictment. If indicted, the defendant is arraigned in circuit court and can enter a plea.

The Baldwin County District Attorney’s Office, which worked with Foley police to bring the charges, will handle the prosecution. Information about Davis’s bond status and any attorney representing her was not included in the department’s release.

About the Area

Foley is one of Baldwin County’s largest and fastest-growing cities, located in south Baldwin County a short drive north of Gulf Shores and Orange Beach. Its roads carry a mix of local residents, commuters and tourists traveling to and from the beaches, and traffic safety is a frequent focus for local law enforcement.

Preventing Impaired-Driving Crashes

Traffic safety officials nationwide stress that impaired-driving crashes are preventable. Common guidance includes:

• Plan a sober ride home before going out, whether that means a designated driver, a taxi, a rideshare or a friend or family member.
• Never drive after using alcohol, cannabis, prescription medications that cause drowsiness or other drugs that can affect judgment and reaction time.
• Take the keys from a friend or relative who has been drinking or using drugs and help them find another way home.
• Put the phone away while driving. Distracted driving, which Carnley also cited, is another leading cause of serious crashes.
• If you see a driver you believe is impaired, keep a safe distance, note the vehicle’s description and location if you can do so safely, and call 911.

Help for Crash Victims and Families

Serious impaired-driving crashes often leave victims and their families facing long recoveries, medical bills and a complicated legal process. Several resources are available to help:

• Victim service officers: District attorney’s offices in Alabama have victim service staff who can explain the court process, notify victims of hearings and help them exercise their rights as a case moves forward.
• Alabama Crime Victims’ Compensation Commission: The state agency can help eligible victims of violent crime, which can include injuries caused by impaired drivers, with certain out-of-pocket costs such as medical expenses and lost wages.
• Mothers Against Drunk Driving (MADD): The national nonprofit offers free support and advocacy to people injured in impaired-driving crashes and to their families, including help navigating the criminal justice system.

Anyone with information about the Aug. 15 crash can contact the Foley Police Department.