Montgomery DUI Lawyer Serving Montgomery County, Alabama

DUI Defense in Montgomery, Alabama

If you face a DUI charge in Montgomery, you need a DUI lawyer who knows Alabama's courts and DUI laws. Polson & Polson, P.C. is a Birmingham-based law firm. It focuses on DUI defense across Alabama – including Montgomery and Montgomery County.

A Montgomery DUI charge may begin with a traffic stop or checkpoint. Montgomery Police, the Montgomery County Sheriff's Office, or Alabama State Troopers may conduct the stop. The charge proceeds under Alabama law regarding driving under the influence regardless of which agency made the arrest.

Under Alabama law, driving with a blood alcohol level of 0.08 percent or higher is illegal. The statute also prohibits driving while impaired by alcohol, drugs, or other impairing substances. What you face depends on the facts and on your past DUI record.

Where Your Montgomery DUI Case Will Be Heard

The court that hears your case depends on who prosecutes the charge, the city or the state. It also depends on whether the charge is a misdemeanor or a felony.

Montgomery Police arrests inside city limits are typically prosecuted in Montgomery Municipal Court. Municipal courts have jurisdiction over violations of city ordinances within the municipality's police jurisdiction.

Arrests by the Montgomery County Sheriff's Office or Alabama State Troopers are charged under state law, not a city ordinance. Many of these arrests happen on county roads or interstates. They are typically filed in Montgomery County District Court. District courts hold exclusive trial jurisdiction over misdemeanor offenses not prosecuted in municipal court.

A fourth or later conviction is a felony DUI. Felony charges and appeals from municipal or district court go to Montgomery County Circuit Court. Your attorney can confirm which court will hear your case once it is filed.

Montgomery County makes up Alabama's Fifteenth Judicial Circuit. State-law charges in district and circuit court are prosecuted by the Montgomery County District Attorney's Office, while a Montgomery Municipal Court case is prosecuted by the city.

The 10-Day ALEA License Suspension Hearing

Your driver license is the first thing to deal with after a Montgomery DUI arrest. This is separate from any criminal penalty the court may impose.

Under Alabama law, you have 10 days to request an administrative hearing with the Alabama Law Enforcement Agency. Your request must be in writing. Hand deliver it or mail it to ALEA's Driver License Division in Montgomery. ALEA must receive it or have it postmarked within 10 days of the notice. Missing this deadline waives both the hearing and judicial review. The suspension then takes effect 45 days after you received the notice.

The hearing request goes directly to ALEA, not to a Montgomery court. Your attorney's office location does not matter. Polson & Polson, P.C. submits hearing requests for Montgomery clients the same way it does for clients anywhere in Alabama. Acting within those 10 days is critical. A hearing request does not stay the suspension, but it preserves your right to contest it. The temporary permit issued at your arrest is valid for 30 days.

Alabama DUI Penalties

Alabama's DUI penalties increase with each later conviction. The penalties below depend on the court's determination and the facts of your case. Every conviction also requires you to complete an approved DUI or substance abuse court referral program. Two findings at least double the minimum punishment at any level. One is a blood alcohol level of 0.15 percent or higher. The other is a child under 14 in the vehicle, when the driver is over 21.

First offense is a misdemeanor. The court may impose up to one year in jail, a fine between $600 and $2,100, or both. ALEA suspends your license for 90 days. That suspension may be stayed if you install an approved ignition interlock device for 90 days. Enhanced penalties apply if you refused a chemical test. They also apply if your blood alcohol level was 0.15 percent or higher. Enhanced penalties apply if a child under 14 was in the vehicle. They also apply if someone else was injured. In those situations, the interlock requirement extends to one year.

Second offense within 10 years carries a fine of at least $1,100 and up to $5,100, plus up to one year in jail. The sentence must include at least five days in jail or at least 30 days of community service. That part cannot be suspended or probated. A one-year license revocation and a two-year interlock requirement also apply.

Third offense carries a fine of at least $2,100 and up to $10,100. You must serve at least 60 days in jail. This jail time cannot be probated or suspended. A three-year license revocation and three-year interlock requirement also apply.

Fourth or later offense is a Class C felony. The fine is at least $4,100 and up to $10,100. The sentence is at least one year and one day and up to 10 years. At least 10 days must be served in county jail. The rest may be suspended or probated only if you complete a certified chemical dependency program. The license revocation period is five years, and the interlock requirement is four years.

Representing Montgomery Clients From Our Birmingham Office

Polson & Polson, P.C. is based in Birmingham, roughly 90 miles north of Montgomery. The firm takes DUI cases across the state, so that drive does not limit what it can do for you.

The first meeting can be by phone or video. The firm appears in Montgomery Municipal Court, Montgomery County District Court, and Montgomery County Circuit Court for hearings, motions, and trial. Most of the work before trial does not require you to drive to Birmingham. That work includes reading the file, going over test results, and trading papers with the prosecutor.

ALEA license suspension hearings are filed with the state agency, not a local court. The firm files them no matter where you live. Being based in Birmingham does not change how the firm defends your case in Montgomery County courts.

How the Firm Works a Montgomery DUI Case

A Montgomery DUI attorney starts with the paper trail. That means the arrest report, the video from the stop, the notes on the field sobriety tests, and any breath or blood test result. The firm also asks for the records that show how the test device was kept up.

The next step is to look for weak spots. Why was the car pulled over? How were the field sobriety tests given? Was the breath test run the right way? What a DUI defense attorney does with those answers shapes the rest of the case.

From there, you and the firm can weigh your choices. Some cases are worth a trial. Some are better worked out with the prosecutor. Some turn on a single motion. You hear what the firm thinks, and why, before anything is filed.

The firm's guide to Alabama DUI court locations covers courts across Alabama.

Questions to Ask Before You Hire a Lawyer

If you are looking for a Montgomery, AL DUI lawyer, start with a phone call. Ask who will handle your case day to day. Ask how often the firm is in the courts that will hear it. Ask what the fee covers, and what it does not. Ask what a DUI defense lawyer would do first in your case. Fees for legal representation vary, so get the terms in writing.

A Montgomery County DUI lawyer should be able to walk you through each step ahead of time. You should hear how the license hearing request is sent in. You should hear what papers the firm needs from you. You should also hear when you have to be in court.

When you compare DUI lawyers in Montgomery, AL, ask each one the same questions. Write down what you hear. The answers show you how that office works. They also show you who picks up the phone when you call back.

Speak With a Montgomery DUI Lawyer

A DUI charge in Montgomery calls for quick action. The 10-day deadline to request an ALEA license suspension hearing begins the day you receive the notice of intended suspension. Every case depends on its specific facts, and no outcome can be guaranteed.

If you seek a DUI attorney in Montgomery, Alabama, call Polson & Polson, P.C. at (205) 871-8838 to discuss your Montgomery or Montgomery County DUI case.

Frequently Asked Questions

Which Court Will Hear My Montgomery DUI Case?

The arresting agency and the charge determine which court will hear your case. Montgomery Police arrests inside the city typically go to Montgomery Municipal Court. Sheriff's Office or State Trooper arrests charged under state law typically go to Montgomery County District Court. Felony DUI cases and appeals are heard in Montgomery County Circuit Court.

How Long Do I Have to Request an ALEA License Suspension Hearing After a Montgomery DUI Arrest?

You have 10 days from the notice of intended suspension to submit a written request to ALEA's Driver License Division. If ALEA does not receive your request or it is not postmarked within 10 days, you waive the right to a hearing.

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

Yes. Alabama attorneys licensed in the state may appear in any Alabama court. Polson & Polson, P.C. appears in Montgomery Municipal Court, Montgomery County District Court, and Montgomery County Circuit Court. ALEA hearing requests are submitted to the state agency directly.

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

A first-offense DUI is a misdemeanor. The court may impose up to one year in jail, a fine between $600 and $2,100, or both. ALEA suspends your license for 90 days, which may be stayed with an ignition interlock device. Enhanced penalties may apply depending on the circumstances.

When Does a Montgomery DUI Become a Felony?

A DUI becomes a Class C felony on a fourth or later conviction. It also becomes a felony if you have a prior felony DUI conviction. A felony DUI carries a fine of at least $4,100 and up to $10,100 and imprisonment of one year and one day to 10 years.