Madison DUI Lawyer

Frequently Asked Questions about Madison, Alabama Municipal Court DUI Charges

Is a DUI charge in Madison Municipal Court a felony or a misdemeanor?

DUI charges in Madison Municipal Court are misdemeanors, not felonies.  In Alabama felonies can result in imprisonment for more than one year.  However, misdemeanors can only result in imprisonment up to one year.  In theory, the Madison Municipal Court has authority to sentence a person up to one year in jail for a first offense DUI.  In practice such a result would be very much out of the ordinary. In most DUI cases, persons convicted of DUI received either a suspended jail sentence or a much shorter jail sentence time the maximum allowable under the law. Every case is different, though, and you should talk to a DUI defense lawyer to get a better understanding of what the likely sentence would be if you were convicted of DUI in Madison Municipal Court for your particular case.

Where is the Madison Municipal Court located?

The Madison Municipal Court is located at 100 Hughes Road, Madison, Alabama 35758.  To access the Court or Court Clerk’s office, go in the main entrance into the lobby. Once in the lobby you should see the Court Clerk's office to your left.   Also to your left once you enter the lobby is the entrance to the courtroom.  You will have to go through a metal detector to enter the courtroom. Just before court times, the line through the metal detector may become backed up.  It’s a good idea to arrive 10 to 15 minutes before your court appearance, so you do not have to stress about being late to court.    Be sure you do not to confuse the Madison County Courthouse located on the courthouse square in downtown Huntsville with the Madison Municipal Court located at 100 Hughes Road, in Madison, Alabama.

I am not certain when my Madison Municipal Court DUI court appearance date or time is. Where can I find that out?

You can get this information from the Madison Municipal Court Clerk’s Office, which is located at 100 Hughes Road, Madison, Alabama 35758 or call the Clerk’s office at 256-772-5617.  If you hire a DUI defense lawyer, he or she can also find this out for you.

The Madison police officer who arrested me took my driver license.  Can the police legally do that, and how do I get it back?

Most, but not all DUI arrests, result in the police taking a person’s license even before the person has a court date.  Alabama law allows the police to seek to have your license suspended after a DUI arrest, if the police have reasonable grounds to believe you were operating your vehicle on a public roadway while under the influence of alcohol and you either blew over the legal limit or refused to take a breath test.  This is a bit of an oversimplification of the law. Mr. Ward would be happy to discuss it in more detail if you call him.  Generally, if your driver license was valid at the time of the stop, the police officer will give you a sheet of paper (often yellow, but sometimes white) that acts as a temporary driving permit for a period of 45 days in place of the plastic license that the police took from you.  At the end of the 45 days, your driver license will be suspended for a minimum period of 90 days and possibly much longer, depending on your driver license and criminal history.  The good news is that there is a process to challenge the driver license suspension, but you must act fast. Your driver license suspension “case” is separate from your Madison Municipal Court DUI criminal charge.  It must be addressed separately from your DUI charge if you want to avoid having your license suspended.  You only have a 10-day period under Alabama law in which to request an administrative hearing challenging the suspension.   
Mr. Ward has helped hundreds of people get their driving privileges back after a DUI arrest by the Madison Police Department.  He has been able to keep many of them from having any driver license suspension at all, and he has been able to get the suspension time of many others reduced dramatically.  He would love to talk with you about how he can help you with your driver license.

Does the City of Madison Municipal Court have a pre-trial DUI diversion program?

No.  The City of Madison Municipal Court does not currently have a pre-trial DUI diversion program. 

Is a DUI charge in Madison Municipal Court different from a DUI charge by the Madison County Sheriff’s Department or an Alabama State Trooper in Madison County District Court?

Technically, yes, but for the most part the difference does not matter. A DUI charge in City of Madison Municipal Court is charged under Section 24-1 of the City of Madison’s Code of Municipal Ordinances (which makes it an ordinance violation to engage in any conduct in Madison that would be a misdemeanor under Alabama State law).  The range of punishment for DUI in City of Madison Municipal Court is the same as it would be in an Alabama state court. See Section 1-9(b) of the Madison Code of Municipal Ordinances. On the other hand, DUI charges in Madison County District Court are almost always charged directly under Alabama state law’s DUI statute, Section 32-5A-191 of the Code of Alabama.  

Can I get a jury trial on my DUI charge in City of Madison Municipal Court?

No.  Madison Municipal Court, like all other municipal courts in Alabama only has “bench” trials.  A bench trial means the judge is the “finder of fact” in your case, the role of the jury in a jury trial.  The “finder of fact” listens to the evidence at trial and decides whether or not the evidence is sufficient to prove the alleged offence beyond a reasonable doubt.  While a jury trial is not available in Madison Municipal Court, by law if you are found guilty in a trial in the City of Madison, you have a right to appeal your case to the Circuit Court for a new trial before a jury.   However, the appeal does not take place automatically, and the deadline to appeal is very short and the notice of appeal must specifically request a jury trial. Rule 30.1 of the Alabama Rules of Criminal Procedure states: “A defendant convicted of an offense in a municipal court or a district court shall have the right to appeal the judgment, within fourteen (14) days of the date of the judgment or the denial of a timely filed postjudgment motion, to the circuit court for a trial de novo.”

Does DUI attorney Frank Ward frequently handle DUI cases in Madisons Municipal Court?

Yes.  Mr. Ward has represented many people faced with DUI charges in City of Madison Municipal Court.  He has practice in Madison County, Alabama for over 11 years and tried many DUI cases.  He has helped many clients accused of DUI in Madison Municipal Court avoid DUI convictions and protect their driver licenses.  He would love to talk with you at no charge and answer your Madison DUI questions.  

Discover your legal options with a free consultation. Call (256) 578-7729 to set up an appointment.