Alabama DUI Lawyers: Finding DUI Attorneys Near Me Who Win

By: Whitney Polson, DUI Lawyer Birmingham AL and Legal Book Author of AL DUI Laws

Finding the right Alabama DUI lawyer can shape the outcome of your case. At Polson & Polson, P.C., Mark Polson and Whitney Polson have spent decades on contested drunk driving cases across Alabama. A DUI charge attorney from our firm represents clients from Birmingham Municipal Court to courtrooms in every corner of the state. We challenge the arrest, we push for a reduced charge, and we try the case when trial is the right call.

This page covers how to evaluate a DUI attorney in Alabama, and it explains what a DUI charge attorney does at each stage of your case. It also covers special situations, like felony DUI and college student charges. Last, it shows how to schedule a free consultation with our firm.

Most of Our DUI Cases Are in and Around Birmingham AL

Our busiest court is Birmingham Municipal Court. About 25 percent of all Alabama DUI cases happen within 25 miles of downtown Birmingham. That makes our firm well known to Birmingham judges and Birmingham lawyers.

For decades, Birmingham DUI Attorney Mark Polson built his practice around drunk driving defense. His son Whitney joined him after law school, and he is now one of the firm's DUI defense lawyers. Both have built a strong reputation as criminal trial lawyers in the Birmingham area. They defend people charged with driving under the influence.

Many people charged in Birmingham look for an Alabama DUI attorney right there in the Queen City, because arrests run high in the city. Most of our clients want a DUI charge lawyer who knows how to get out of a DUI.

Compare DUI Lawyers in Alabama: Credentials and Ratings

More than 50 lawyers in Birmingham handle drunk driving defense. Mark Polson and Whitney Polson bring credentials, awards, and national recognition to that work.

Whitney Polson's reputation grew with the 2016 release of his book, Alabama DUI Defense. Our firm, Polson & Polson, P.C., handles difficult criminal defense cases. People across Alabama send us their family members, judges, doctors, and others who need discretion.

Mark and Whitney have helped hundreds of commercial driver's license holders who drive for a living. Call our Birmingham DUI attorneys when the driving under the influence case is a difficult one. Our criminal litigation attorneys do not shy away from tough facts.

Hire a Criminal Defense Attorney With an Emphasis on DUI Defense

Alabama attorneys across the state know Mark Polson and his son Whitney, and many have sat in a DUI seminar taught by one of them.

Alabama lawyers who handle civil cases call Mark or Whitney for advice. Those cases include DUI accidents where money damages are sought from the drunk driver. Mark and Whitney are a well known family of Alabama DUI attorneys.

The Polsons know Alabama DUI law in depth. Other DUI attorneys in Birmingham and across Alabama turn to Mark and Whitney for help with it. Law firms call them for answers on how a charge is likely to play out.

That is true for second DUI cases, third DUI cases, and any arrest that triggers an Alabama driver's license suspension. For many people charged with DUI, the ability to drive is the ability to work.

What a DUI Charge Attorney Does at Every Stage of Your Case

A DUI charge attorney guides you through every phase of an Alabama DUI case. The work starts at the moment of arrest and runs through final resolution. Knowing what happens at each stage shows why skilled counsel matters.

Right after the arrest. The clock starts at once. Under Alabama law, you must request an administrative hearing within 10 days of the notice of intended suspension. Miss that deadline and you waive the hearing and the judicial review that goes with it. A separate administrative review with ALEA, the state driver license agency, stays open for 90 days from the notice. A DUI charge attorney files the request right away, and we also begin gathering evidence.

Arraignment and bond. Your lawyer stands with you at arraignment. They take up bond conditions and press the court to set reasonable terms. In many Alabama courts, this is the first chance to learn the full scope of the charges.

Discovery review. A DUI charge attorney obtains and reviews the breath or blood test calibration records. They review body-cam and dash-cam footage, officer reports, and maintenance logs for the testing equipment. Errors in any of them can give you grounds to challenge the case.

Pretrial motions. Was there reasonable suspicion for the traffic stop? Were the Miranda warnings properly given? If not, your attorney can move to suppress the evidence, and a win on that motion can gut the prosecution's case.

Negotiation or trial. Based on the strength of the evidence, a DUI charge attorney may negotiate a reduced charge or prepare for trial. Each case is its own, and the right strategy rests on the specific facts.

Sentencing or other resolution. If the case ends in a plea or a verdict, your attorney argues for the lightest sentence available. That can mean a substance abuse program, probation, or reduced penalties where Alabama law allows it.

Felony DUI Charges in Alabama: When a DUI Becomes a Felony

Most Alabama DUI arrests are misdemeanors. Certain facts push a case up to a felony, and the penalties grow severe. If you face a charge at that level, hire a felony DUI charges attorney with trial experience.

Under Alabama law, a fourth or subsequent DUI conviction is a Class C felony. Past DUI convictions count if they fell within 10 years of the current offense. The felony grade also attaches to any DUI where the person has a past felony DUI conviction, no matter how old that one is. The penalties are steep.

The fine runs from $4,100 to $10,100. Prison time runs from one year and one day to 10 years. At least 10 days of it must be served in the county jail. ALEA will revoke driving privileges for five years. An ignition interlock device is then required for four years, counted from the day ALEA issues the interlock-restricted license. That license can come after one year of the revocation, and finishing the interlock term commutes the rest.

Jail time and fines are not the whole cost. A felony DUI conviction leaves a permanent criminal record, and the added effects can reach firearm rights, employment, work licenses, and housing applications.

A felony DUI charges attorney who knows Alabama's sentencing guidelines can attack the record of past convictions. They file suppression motions, and they test whether the state can prove each element of the offense. When the stakes run this high, experienced representation may change the outcome.

College Student DUI Charges in Alabama

Alabama's college towns – Tuscaloosa, Auburn, Birmingham, Huntsville, and Troy – see many student DUI arrests each year. A college student DUI attorney knows the unique pressures these young drivers face.

Alabama sets a zero tolerance limit of 0.02 percent blood alcohol for drivers under 21. Under Alabama law, a driver that young faces DUI charges at that 0.02 percent level, not the usual 0.08 percent. A conviction brings mandatory attendance in a DUI or substance abuse court referral program. A first violation with a blood alcohol level between 0.02 and 0.08 brings a 30 day license suspension in place of those penalties. That first offense record is given only to the courts, law enforcement, your attorney, and your employer.

For students, the collateral consequences often sting more than the criminal penalties. A conviction can start a campus conduct proceeding, and loss of a scholarship or financial aid can follow. Graduate and professional school doors get harder to open. Students headed for law, medicine, nursing, or education may face disclosure rules for years to come.

Where they exist, diversion and deferred prosecution can be worth a great deal to a student. A college student DUI attorney can evaluate whether those alternatives fit your case. They help protect your academic and professional future. Parents should know this: a lawyer brought in before the first court date keeps the most options open.

DUI as a Criminal Charge: What's at Stake Beyond the Traffic Ticket

Many drivers think a DUI is much like a speeding ticket. It is not the same thing at all. In Alabama, a DUI is a criminal charge, and a conviction leaves a permanent criminal record. A first, second, or third offense is a misdemeanor. A fourth or later offense is a Class C felony under state law.

Even a first offense DUI conviction brings significant penalties. Under Alabama law, a first conviction can bring a fine of $600 to $2,100, up to one year in jail, or both. The court also orders a substance abuse court referral program. ALEA suspends the license for 90 days, though that suspension is stayed if the driver puts in an approved ignition interlock device. ALEA runs the license case on its own clock, apart from the criminal case.

A criminal charge DUI attorney works both sides of a DUI case. The criminal court decides guilt or innocence, sentencing, and fines. ALEA separately decides whether to suspend your driving privileges, based on the arresting officer's report. Miss the deadline to challenge the administrative suspension and you can lose the license no matter how the criminal case ends. That parallel process is one reason to hire counsel promptly after a DUI arrest.

DUI Lawyers Mark Polson and Whitney Polson Travel Statewide

In a demanding field – surgery or architecture, say – people look for someone who concentrates in it. DUI defense is no different. Both partners travel to every corner of Alabama to take cases. Knowing how to beat a DUI built the reputation our firm has today.

In some cases, once we have reviewed the facts, we ask the client to get a substance abuse evaluation. Our firm also challenges whether DUI checkpoints in Alabama meet the standards the Constitution sets.

Our goal is simple. People facing criminal charges should get the full measure of criminal justice that Alabama law allows. Both partners can walk you through how to get out of a DUI in Alabama. They have done this work for Alabama clients thousands of times.

Whether your case came from a DUI accident or a police checkpoint arrest, we can help. Our firm has handled Alabama DUI cases in almost every county. We have tried cases in most of the state's city courts, where many DUI arrests are first heard.

To learn how we can help fight your DUI case, please contact us today for a free case analysis. A DUI attorney from our firm can come to your location, which matters especially if you were injured in a DUI accident. Our Birmingham area attorneys take Alabama DUI cases in every court in the state, and we provide a free lawyer consultation. Call today at 205-871-8838, or toll free at 1-844-776-5766. Our two lawyers bring nearly 65 years of service to your case.

Schedule a Free DUI Lawyer Consultation

Schedule a free DUI lawyer consultation with an Alabama DUI attorney who often tries contested cases. Call Polson & Polson, P.C. and you will speak directly with a lawyer, not a screener, who can review your situation and lay out realistic options.

During your DUI lawyer consultation, we review the facts of the arrest. That covers the reason for the traffic stop, how the field sobriety tests were run, and the breath or blood test records. We assess whether the evidence supports a motion to suppress, and whether a plea deal is within reach. We also evaluate whether the case should be prepared for trial.

Time is critical. Under Alabama law, you have only 10 days from the notice of intended suspension to request an administrative hearing with ALEA. Miss it and you waive the hearing and the judicial review. All that remains is the ALEA review you can seek within 90 days of the notice.

Do not wait. Contact Polson & Polson, P.C. today for a free DUI lawyer consultation. Call 205-871-8838 or toll free at 1-844-776-5766 (1-844-7POLSON). We offer payment plans.

Frequently Asked Questions

What Does a DUI Charge Attorney Do That I Can't Do Myself?

A DUI charge attorney knows Alabama's DUI statutes, court procedures, and rules of evidence. They can spot defects in the traffic stop and attack breath or blood test results. They file suppression motions, and they negotiate with prosecutors. Without that training, you may miss a critical deadline, such as the 10 day window to request an ALEA administrative hearing under Alabama law. You may also miss a defense that would have worked.

When Does a DUI Become a Felony Charge in Alabama?

Under Alabama law, a fourth or later DUI conviction is a Class C felony. Past convictions count if they fell within 10 years of the current offense. The felony grade also attaches to any DUI when the person has a past felony DUI conviction, no matter how old it is. The fine runs from $4,100 to $10,100. Prison time runs from one year and one day to 10 years. The license is revoked for five years, and meeting the interlock terms can commute part of the revocation. The device is required for four years from the day ALEA issues the interlock-restricted license.

How Does a DUI Charge Affect a College Student in Alabama?

A conviction can start a campus discipline case, and loss of a scholarship or financial aid can follow. Graduate and professional school doors get harder to open. Alabama's zero tolerance law sets a 0.02 percent blood alcohol limit for drivers under 21, which leaves underage students very little room.

Is a DUI a Criminal Charge or Just a Traffic Violation in Alabama?

A DUI in Alabama is a criminal charge, not a traffic ticket. A first, second, or third offense is a misdemeanor. A fourth or later offense is a Class C felony under state law. A conviction leaves a permanent criminal record. It can also bring jail time, fines, a license suspension, and a mandatory substance abuse evaluation.

What Should I Bring to a Free DUI Lawyer Consultation?

Bring any documents related to your arrest. That means the citation or complaint and whatever the arresting officer handed you. Bring the notice of intended suspension from ALEA, bond paperwork, and breath or blood test results if you have them. Bring any photos or notes about the stop. The more your attorney has, the better they can judge your options.