DUI Law in Montgomery, AL
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Montgomery, Alabama who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Montgomery, Alabama
DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Montgomery law firm on your side to fight for you and your rights.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in Montgomery, Alabama, you can count on fines being a part of your sentencing. Under Alabama law, DUI fines can range from $600 to $10,000 for misdemeanors. Be aware that fourth offenses and above are classified as felonies, which come with much harsher penalties.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail Time
Jail time is mandatory, even for first-time offenders in Montgomery. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
If a Montgomery judge sentences you to DUI probation, you will be assigned to a probation officer. Typically, you will report to the Alabama Bureau of Pardons and Paroles field office in Montgomery. You must strictly follow all of the probation terms set by the judge. If you violate the terms of your probation, you can be arrested and held in custody for up to 20 days, pending a violation hearing.
Under Alabama law, you have the right to have a Montgomery attorney represent you at the hearing. If you are found to have violated your probation, you can be sentenced to spend up to 45 days in jail. However, the sentence can be longer if the violation involves an additional criminal charge.
Drug and Alcohol Education Program
Following a Montgomery DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
If you are convicted of a DUI in Montgomery, you will be required to take a class through the Court Referral Program. Classes range from 12 to 24 hours, depending on your alcohol habits, and can cost up to $300. There are local courses offered through the Montgomery Municipal Court. If the court believes that you have a serious alcohol abuse problem, you may also be referred to a treatment program.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Montgomery, Alabama?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With DUI Law
Immediately following your DUI arrest, you need to contact an experienced Montgomery DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Montgomery, Alabama has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Montgomery, Alabama you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
Your license will automatically be suspended when you are arrested for DUI in Montgomery. You only have 10 days after your arrest to request an administrative hearing through the Alabama Law Enforcement Agency. Your hearing officer will contact you about the time and place for your hearing. Typically, the hearing will be at the Montgomery Reinstatement Office or another government building in Montgomery.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Montgomery. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Montgomery, Alabama
Should you ever find yourself charged with a DUI, you need to work with an experienced Montgomery lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
