Mobile DUI Lawyer Serving Mobile County, Alabama

Where a Mobile DUI Case Is Heard

If you were arrested for DUI in Mobile, two things set which court handles your case. They are the agency that arrested you and the way the charge is filed.

A Mobile Police Department arrest within the city's police jurisdiction is typically prosecuted in Mobile Municipal Court. The charge is usually a city ordinance violation. The city prosecutor handles these cases under municipal DUI ordinances that match Alabama's state DUI statute.

The Mobile County Sheriff's Office and Alabama State Troopers also make DUI arrests. These stops happen on county roads and on the interstates. When the arrest is in unincorporated Mobile County, the charge is usually filed under state law. Your case goes to Mobile County District Court. The district court is a county trial court of limited jurisdiction, not a part of a judicial circuit. It has exclusive original trial jurisdiction over misdemeanor cases under Alabama's DUI statute. The exception is a case a city prosecutes in its own municipal court. The district court may impose and suspend a sentence, grant probation, and order that the defendant may drive on stated conditions.

Felony DUI charges arise from a fourth or subsequent conviction, counting prior convictions from the previous ten years. Mobile County Circuit Court hears these cases. The circuit court has exclusive original jurisdiction over all felony prosecutions. That court is the Thirteenth Judicial Circuit, made up of Mobile County alone. A municipal court conviction is appealed to that same circuit court for a trial de novo. The defendant has 14 days from the judgment to file the notice of appeal and bond.

A person arrested for DUI in unincorporated Mobile County is booked into the county jail. The sheriff has legal custody and charge of that jail. Alabama law bars release on bond until the person's blood alcohol level drops below the 0.08 percent limit. For a driver under 21 the figure is 0.02 percent. A judge may also order an ignition interlock device as a condition of bond. Knowing which court will hear your case is the first thing a Mobile County DUI lawyer checks.

The 10-Day Deadline to Save Your Alabama Driver's License

This is the most urgent part of a Mobile DUI arrest. The administrative suspension takes effect 45 days after you receive the notice of intended suspension. The deadline to challenge it runs out well before then. It is a civil process, separate from the criminal case.

Under Alabama law, you have only 10 days from the notice of intended suspension to request an administrative hearing. You must send your request in writing to the ALEA Driver License Division in Montgomery. You can hand it in or mail it. It must be received or postmarked within the 10-day window.

If you miss this deadline, you waive your right to an administrative hearing. You also waive your right to judicial review. Requesting a hearing does not stay the suspension. The temporary driving permit the officer issues is valid for only 30 days. This suspension is separate from your criminal case in Mobile Municipal Court or Mobile County District Court. Its length depends on your record. It runs 90 days with no prior alcohol or drug-related enforcement contact in the preceding 10 years, one year with one prior contact, three years with two, and five years with three or more.

ALEA runs this civil process, not the Mobile courts. The written request can be prepared and mailed from anywhere in the state. Polson & Polson, P.C. prepares and files the hearing request from its Birmingham office. A client in Mobile does not have to come to Birmingham for it.

Do not wait. Every day that passes reduces your window to protect your license.

Alabama DUI Penalties

Alabama imposes escalating penalties for DUI convictions. A prior conviction counts toward the tier only if it occurred within 10 years of the date of the current offense. All of the penalties below come from Alabama law on DUI convictions.

A first-offense DUI is a misdemeanor. The court may impose up to one year in county or municipal jail. A fine of not less than $600 nor more than $2,100 may also be imposed, or both. ALEA suspends the person's license for 90 days. The 90-day suspension is stayed if the driver elects to install an approved ignition interlock device for 90 days. On a first conviction, one year of interlock use is instead mandatory in four situations. These are a refusal to give a blood alcohol sample, a child under 14 in the vehicle, an injury to someone else, or a level of 0.15 percent or more.

A second conviction within ten years carries a mandatory minimum of five days in jail that cannot be suspended or placed on probation. Alternatively, community service of not less than 30 days satisfies this requirement. The fine is not less than $1,100 nor more than $5,100, and the jail term may reach one year. The license is revoked for one year. A two-year ignition interlock is required.

A third conviction brings a mandatory minimum of 60 days in jail. This jail time cannot be probated or suspended. The fine is not less than $2,100 nor more than $10,100, and the jail term may reach one year. The license is revoked for three years. A three-year ignition interlock is required.

A fourth or subsequent conviction is a Class C felony. Any conviction where the person has a prior felony DUI is also a Class C felony, no matter how long ago that conviction was. The fine is not less than $4,100 nor more than $10,100. Imprisonment is not less than one year and one day nor more than 10 years. At least 10 days of that term must be served in the county jail. The rest of the sentence may be suspended or probated only if the defendant completes a state certified chemical dependency program. ALEA revokes the license for five years. A four-year ignition interlock is mandatory.

A blood alcohol level of 0.15 percent or more at least doubles the minimum punishment. The minimum is also at least doubled when a driver over 21 had a child under 14 as a passenger. In a commercial vehicle the limit is 0.04 percent, and a conviction disqualifies the commercial license for the period federal motor carrier rules set. A Mobile DUI attorney can read your arrest file and your record and explain what you face.

How Polson & Polson, P.C. Handles a Mobile County DUI From Birmingham

Polson & Polson, P.C. is a Birmingham law firm that takes drunk driving cases across Alabama. That includes Mobile and Mobile County. If you are looking for a Mobile, AL DUI attorney, the firm is set up to work at a distance.

The firm can prepare and file the ALEA license hearing request without a trip to Birmingham. The first meeting and the file review happen by phone, video, and email. The firm reads the arrest report, the notice of intended suspension, and the breath or blood test results. A Mobile client can hire the firm and meet the 10-day license deadline without a drive to Birmingham.

For court dates that require it, the attorney appears in person at Mobile Municipal Court or Mobile County District Court. Discovery requests, motions to suppress, and plea or trial strategy are worked out at the Birmingham office. Court dates in Mobile are set as the case calls for them.

This works because much of DUI defense is legal research, motion drafting, and case analysis. None of that calls for being in Mobile. The court dates that count – arraignment, motion hearings, trial – are covered in person by the attorney. Alabama attorneys are licensed statewide and may practice in any county.

Common Defenses in a Mobile DUI Case

Every drunk driving arrest has its own set of facts. A criminal defense attorney looks at several lines of attack.

Whether the traffic stop was legal is often the first question. Under the Fourth Amendment, an officer must have reasonable suspicion of a traffic violation or a crime to make a stop. If the stop had no legal basis, the evidence that came after it may be thrown out.

Standardized field sobriety tests must follow a set script. Changes in the instructions, the scoring, or the test site can make the score less sound. Uneven pavement, poor light, and a health problem that affects balance are common examples.

Breath test machines need upkeep, calibration, and an operator who holds a state permit. Gaps in the upkeep records or in the operator's permit can be used to attack the blood alcohol content the test reported. Blood draw cases raise chain of custody questions. Who drew the sample, how it was kept, and whether the lab followed its own steps all matter.

Whether the officer gave the right implied consent warning is another thing a lawyer checks. The way a municipal court case differs from a district court case can also raise points worth a look.

These defenses depend on the facts. No defense is sure to work. Each case has to be judged on its own.

Frequently Asked Questions About Mobile DUI Charges

How Long Do I Have to Request a License Hearing After a DUI Arrest in Mobile?

You have 10 days from the date of the notice of intended suspension to request an administrative hearing with ALEA. Alabama law sets that deadline. The request must be in writing and received or postmarked within that window. Missing this deadline waives your right to an administrative hearing and to judicial review.

Where Will My Mobile DUI Case Be Heard – Municipal or District Court?

It depends on which agency arrested you. A Mobile Police Department arrest within the city's police jurisdiction generally goes to Mobile Municipal Court. An arrest by the Mobile County Sheriff or Alabama State Troopers in unincorporated Mobile County typically goes to Mobile County District Court. Mobile County's circuit court is the 13th Judicial Circuit. It hears felony DUI cases and appeals from municipal court.

Can a Birmingham-Based DUI Lawyer Represent Me in Mobile County?

Yes. Alabama attorneys are licensed statewide and may appear in any Alabama court. Hiring a DUI attorney in Mobile, Alabama does not have to mean hiring a lawyer with a Mobile address. Polson & Polson, P.C. handles the ALEA license hearing request and the case work from Birmingham. The firm appears in person at Mobile courts for hearings and trial dates that require it.

What Are the Penalties for a First-Offense DUI in Alabama?

A first-offense DUI under Alabama law is a misdemeanor. Penalties include up to one year in jail, a fine of not less than $600 nor more than $2,100, or both. A 90-day license suspension is also imposed. The suspension may be stayed with an ignition interlock device. What you face depends on the facts and on any aggravating factors.

When Does an Alabama DUI Become a Felony?

Under Alabama law, a fourth or subsequent DUI conviction is a Class C felony, counting prior convictions from the previous ten years. Any DUI where the person has a prior felony DUI conviction is also a Class C felony, no matter how long ago that conviction was. Felony DUI carries imprisonment of not less than one year and one day and up to 10 years.

Do I Have to Appear in Person at Every Mobile DUI Court Date?

Alabama's rules of criminal procedure govern when a defendant must appear, not the DUI statute. The answer differs between a municipal court and a district court. Your attorney may be able to appear for you at some pretrial hearings. That depends on the court and on the type of hearing. Ask your Mobile DUI lawyer which dates you have to attend.

Speak With a Mobile DUI Lawyer

A DUI charge in Mobile County is serious. You can face jail time, a fine, and a license suspension. All three can upend your daily life. The 10-day ALEA deadline to request a license hearing starts running the day you receive the notice of intended suspension. Every day you wait reduces your options.

Polson & Polson, P.C. offers a consultation to go over your arrest paperwork. We look at your notice of intended suspension and at the court where your case is filed. The firm can file your ALEA hearing request for you.

If you need a DUI lawyer in Mobile, AL, contact Polson & Polson, P.C. at (205) 871-8838 or use the contact form on this website. Do not let the deadline pass without taking action.