Frequently Asked Questions About DUI Charges in Alabama

Facing a DUI charge in Alabama, including Birmingham, Hoover, Shelby County, Jefferson County, Auburn, Trussville, Tuscaloosa, Huntsville, Cullman, Heflin, Anniston, Mountain Brook, Vestavia Hills, Gulf Shores and elsewhere throughout the State of Alabama, is an overwhelming experience. The arrest and court process and possible consequences, such as possible license suspension, jail time, high fines, and ignition interlock, create numerous questions.

Here are some helpful answers from the DUI Defense Lawyers of Polson & Polson to address some of the most common questions people arrested for a DUI in Alabama may have.

What Should I Do if I’ve Been Arrested for a DUI in Alabama?

If you have been arrested for DUI in Alabama, there are numerous legal issues to consider. Primarily, which court will my DUI charge be handled in Alabama, what will happen to my driver license because of my DUI arrest in Alabama and what will happen in court on my DUI charge.

Which courthouse you go to for a DUI in Alabama is based upon which law enforcement agency arrests you. If you were arrested by a municipal officer, your case will go to the municipal court (city court) of the arresting agency (example, if you were arrested in Hoover by a Hoover police officer, your case will go to the Hoover Municipal Court. If you were arrested by a county or state officer, such as a sheriff’s deputy or Alabama State Trooper, you will appear for your DUI case in the District Court in the County of arrest (example, if arrested for DUI by a State Trooper in Shelby County, your DUI case will be handled in the Shelby County District Court.

All felony DUI cases in Alabama begin in the District Court of the county of arrest. You may appeal your DUI case in Alabama to the Circuit Court of the County, should you not like the resolution in the municipal or district court.

Many people arrested for DUI in Alabama ask what will happen to my driver license because of my DUI arrest. There are two possible threats to your driver license upon arrest for DUI in Alabama; an administrative suspension and conviction for DUI. Upon arrest for DUI in Alabama, the State will seek to administratively take your driver license if you refuse the breath test or register over the legal limit.

The good news for those arrested for DUI in Alabama, is the administrative suspension does not go active until 45 days from the date of arrest; the reason for which is so the driver may contact an attorney and contest the administrative suspension. You must act quickly, as the first administrative challenge to a DUI suspension in Alabama, must be done within 10 days of arrest.

The second way a DUI arrest in Alabama may impact a driver license, is upon a conviction; therefore, it is of great importance to hire a skilled and experienced DUI attorney to defend your case.

What Will Happen in Court on My DUI Charge?

is often a question people ask when arrested for DUI in Alabama. First, any person arrested for DUI in Alabama is presumed innocent of the charge. They have an absolute right to be defended and contest the charge. The Constitution prohibits the State or City from compelling the person arrested for DUI from having to testify. Retaining a skilled and experienced DUI attorney, that has vast knowledge and experience in the courts, is crucial for defending your case.

The attorneys of Polson & Polson are award-winning DUI Defense Lawyers in Alabama and have handled thousands of DUI cases throughout the State. Mr. Polson has litigated DUI cases in every county of Alabama, from Baldwin County to Madison County and in between, such as Shelby County, Jefferson County, Lee County and cities such as Birmingham, Mountain Brook, Vestavia Hills, Hoover, Helena, Calera, Auburn, Tuscaloosa, Gulf Shores, Enterprise and elsewhere.

Can I Refuse a Breathalyzer or Field Sobriety Test?

Yes, you have the right to refuse participation in field sobriety testing and breath testing in Alabama. However, if you refuse to submit to the breath test, the government will likely seek to administratively suspend your driver license under the Alabama Implied Consent Law (which may be challenged) or they may seek a warrant for a blood draw.

What Are the Potential Penalties for a DUI Conviction in Alabama?

Penalties for DUI in Alabama are based upon the number of prior convictions for DUI you have within a 10-year period. For first offense DUI cases in Alabama, within 10 years, the range of penalty is $600-2100 fine, 0-365 days in jail, 90 days license suspension, Ignition Interlock if refusal of breath test of .15 or greater, and mandatory DUI school.

For second offense DUI cases in Alabama, within 10 years, the range of penalty is $1100-5100 fine, 5-365 days in jail (minimum mandatory 5 days to serve or possible 30 days of community service), 1 year license revocation, Ignition Interlock, and mandatory DUI school.

For third offense DUI cases in Alabama, within 10 years, the range of penalty is $2100-10100 fine, 60-365 days in jail (minimum mandatory 60 days to serve), 3 year license revocation, Ignition Interlock, and mandatory DUI school.

For fourth or more DUI offense in Alabama, within 10 years or any second felony DUI arrest after previously having been convicted for DUI, the range of penalty is $4100-10100 fine, 1 year and one day to 10 years in prison (minimum mandatory 10 days to serve), 5 year license revocation, Ignition Interlock, and mandatory DUI school.

Additional penalties for DUI convictions in Alabama, outside of what the court may impose, include higher insurance premiums, loss of employment or difficulty in gaining employment, denial of entry in to certain countries, family law issues and others. Our attorneys at Polson & Polson can help you attempt to avoid or mitigate these penalties.

Can I Get My Driver’s License Back After a DUI Arrest in Alabama?

Yes. Upon arrest for DUI in Alabama, your license is typically seized by the police and you are given a form, called an AST-60. This form serves as your driver license for 45 days (assuming you were valid at the time of arrest otherwise. During this 45 day period, you may contest the taking of your driver license by exhausting your administrative remedies under the Alabama Implied Consent Law.

The sequence of these administrative steps are: 1) 10 day demand for administrative review and hearing 2) administrative hearing and 3) judicial review. An experienced DUI attorney in Alabama will help you through these steps.

The experienced and authoritative DUI attorneys of Polson & Polson are glad to guide and assist you through this process, as they have for thousands of Alabama drivers arrested for DUI.

How Long Do DUI Convictions Stay On My Record in Alabama?

Unfortunately, a DUI conviction in Alabama stays on your record forever. There is no expungement of DUI convictions in Alabama. This is why it is crucial to properly defend your DUI case in Alabama.

What Sets Polson & Polson’s DUI Lawyers Apart in Alabama?

The DUI Defense Lawyers of Polson & Polson are experienced, authoritative and award winning.

Seeking an experienced DUI Attorney in Alabama is important. Whitney Polson has over 21 years of experience defending DUI cases in Alabama, has added insight from serving as a municipal judge, is the author of the premiere DUI Defense book and manual for DUI Defense Lawyers in Alabama, is a Founding Member of the DUI Defense Lawyers Association, Member of the National College for DUI Defense, member of the Alabama Criminal Defense Lawyers Association, member of the National Association of Criminal Defense Lawyers, and member of the American Bar Associaton.

Whitney has familiarity in all counties of Alabama, including Shelby, Baldwin, Jefferson, Tuscaloosa, Madison, Lee to name a few and is frequently litigating DUI cases in courts such as the Shelby County District Court, Jefferson County District Court, Mountain Brook Municipal Court, Birmingham Municipal Court, Hoover Municipal Court, Vestavia Hills Municipal Court, Helena Municipal Court, Calera Municipal Court, Gulf Shores Municipal Court, to name a few.

Mr. Polson also is frequently asked to speak at seminars to other lawyers on judges about DUI cases. Attorney Alexander Carrie, one of the DUI Defense lawyers on staff with Polson & Polson, is a former district attorney in Jefferson County and brings a wealth of experience and added vantage from his role as a former prosecutor.

If you have more questions or need assistance with your DUI case in Alabama (including all counties and cities, Birmingham, Hoover, Vestavia Hills, and elsewhere) , don’t wait to contact Polson & Polson. Our attorneys and staff are ready to provide the guidance and legal representation needed during your case.