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DUI Defense

Mountain Brook DUI Penalties

Your search for a dependable, experienced, and smart lawyer to help you with your Mountain Brook AL DUI charge has brought you to the Polson Law Firm, where attorneys Mark Polson and Whitney Polson have a combined 50+ years of courtroom experience in Birmingham, Vestavia Hills, Homewood, and Mountain Brook. We know DUI. Our attorneys live in the Mountain Brook Area and we know the court system very well.

Consequences of a DUI Conviction

The first time an individual is arrested for a DUI, they may receive a misdemeanor charge and face time in a city or county jail. In addition, that person will be fined, their license suspended, and they will be ordered to participate in a Level I or Level II substance abuse program.

Second DUI Arrest

A second DUI arrest within five years of an initial conviction will also be prosecuted as a misdemeanor violation. If convicted, that person must serve five days in jail, as required by law. However, the judge can lengthen their jail time up to 365 days. In lieu of serving the mandatory five days in jail, a convicted person could perform 30 days of community service. In addition to fines, an individual’s driver’s license will be revoked for 12 months.

Third DUI Arrest

If an individual is arrested and convicted a third time for a DUI within five years of their prior two arrests, that person must serve at least 60 days. The judge could extend their stay up to one year. A 60-day active jail sentence is required by law and cannot be suspended. After serving the 60-day sentence, the convicted offender will be on probation for the remaining 305 days of the year.

However, the court can decide to order a two-year probationary period depending on the circumstances of the case. With a third DUI offense, the convicted party will have to pay fines, complete the Level III substance abuse program, and their driver’s license will be revoked for three years.

Fourth DUI Arrest

A fourth DUI arrest within five years of three previous DUI convictions is considered a Class C felony. If convicted, that individual will serve between one and 10 years in jail or prison. A sentence of three years or less will be served in the local county jail. If the sentence exceeds three years, it must be served in a state penitentiary.  In addition to hefty fines, the convicted party’s driver’s license will be revoked for five years, and they must participate in a court-ordered substance abuse program.

Implied Consent Law

Alabama DUI statutes include an implied consent law. This means that any person driving on public highways in the state automatically provides police officers with consent to perform field sobriety tests. Drivers are required to submit to a blood, urine, or breathalyzer test that will reveal the level of alcohol or drugs in their bodies. If one refuses to submit to a chemical test, they must undergo a 90-day license suspension with a first offense.

More Severe Penalties for DUI Convictions

In recent years, Alabama has stiffened penalties for those convicted of DUI offenses. A Mountain Brook DUI lawyer will explain the new DUI laws to prospective clients and how they can affect their cases. The new laws include:

  • The Super Drunk DUI Law: Someone with a BAC of .15 percent or greater will be sentenced more severely than someone with a BAC below .15 percent
  • The Ignition Interlock Law: In some cases, an ignition interlock device is installed into the vehicle of a person convicted of a DUI. This can occur when the convicted has a child under 14 in the car during the arrest, a BAC of .15 percent or higher, refuses to submit to a sobriety test, or causes injury to a passenger. The DUI offender must blow into the ignition interlock device before starting the automobile. If the BAC is above .02, the vehicle will not start

If you are facing a DUI arrest or conviction, consider contacting a Mountain Brook DUI attorney. A seasoned professional can help build a defense to potentially lessen the charges or punishment you are facing.

Client Reviews
Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.