Introduction

Whitney Polson co-authored “Alabama DUI Defense” in 2016, a legal treatise specifically on the use of scientific evidence in DUI cases, a credential that few DUI defense attorneys in any state can match. That publication, combined with her father Mark Polson’s contribution to Judge T. Brad Bishop’s DUI book more than 20 years ago, gives Polson & Polson, P.C. a scholarly depth in DUI defense that goes well beyond courtroom experience alone.

The firm is based at 2824 Central Avenue #150 in Birmingham, Alabama, and handles DUI defense exclusively. Mark Polson brings 44 or more years of legal experience to the practice; Whitney Polson joined the firm in 2004. Both hold Martindale-Hubbell AV ratings and both have been recognized by Super Lawyers. Both are frequent speakers at DUI defense seminars, a fact that reflects their position in the professional community of DUI defense attorneys rather than just their standing with clients.

The firm covers nearly every Alabama county and municipal court, with particularly high volume in Hoover, Mountain Brook, and Vestavia Hills courts, and statewide reach from Tuscaloosa to the Gulf Coast to Huntsville.

Alabama DUI Law: What Clients Need to Know

Several features of Alabama’s DUI framework shape what clients need to do and when they need to do it.

Alabama’s lookback period for prior DUI convictions is 10 years. This means a DUI from within the past decade counts as a prior offense when determining how a new charge is classified and sentenced.

After a DUI arrest, a driver has only 10 days to file an administrative license appeal. Missing this window results in automatic license suspension regardless of how the criminal case proceeds. The speed with which a client contacts an attorney directly affects whether this deadline can be met.

A second DUI offense in Alabama results in a full one-year license suspension with no driving privileges during that period. The difference between a first offense and a second is substantial in terms of consequence, which makes the proper handling of any DUI charge critical.

Practice Areas

DUI Defense: First Through Third Offenses

The firm handles first, second, and third DUI offenses in Alabama. Each level of offense carries escalating consequences under Alabama law, and the firm’s strategy is calibrated to the specific charge and circumstances of each client.

Vehicular Homicide

When a DUI involves a fatality, the charge escalates to vehicular homicide. These cases carry the most severe consequences and require defense that engages both the DUI science and the broader factual record surrounding the incident.

DUI With a Child in the Vehicle

A DUI with a child passenger is treated differently than a standard DUI under Alabama law. The firm handles these enhanced charges with awareness of the additional elements the prosecution must prove and the additional consequences the client faces.

Marijuana Possession Charges

The firm also handles marijuana possession charges, which often arise in connection with DUI stops and investigations.

Challenging DUI Evidence

A significant part of DUI defense is the scientific and procedural challenge to the evidence the prosecution intends to use. The firm challenges breath alcohol testing results, the reliability of field sobriety tests, and the constitutionality of the traffic stop or checkpoint that led to the arrest. The 2016 treatise Whitney Polson co-authored reflects the depth of this scientific engagement.

Attorney Profiles

Mark Polson (Marcus Polson) has more than 44 years of legal experience, and his involvement in DUI defense work predates most of the current scientific and procedural standards that govern how these cases are tried. He contributed to Judge T. Brad Bishop’s DUI book more than 20 years ago, a professional engagement that reflects his standing in the DUI defense field. He holds a Martindale-Hubbell AV rating, has been recognized by Super Lawyers, and speaks frequently at DUI defense seminars.

Whitney Polson joined the firm in 2004 and has built a career focused entirely on DUI defense alongside her father. She co-authored “Alabama DUI Defense” in 2016, a treatise on scientific evidence in DUI cases that serves as a reference work for practitioners. She holds a Martindale-Hubbell AV rating, has been recognized by Super Lawyers, and also speaks at DUI defense seminars. Her academic and scientific engagement with DUI evidence gives the firm a dimension of expertise that courtroom experience alone does not produce.

Location & Service Area

Polson & Polson, P.C. is located at 2824 Central Avenue #150, Birmingham, AL 35209. The firm can be reached at (205) 871-8838 during business hours and at (205) 401-3171 after hours.

Website: alabamaduidefense.com/

The firm covers nearly every Alabama county and municipal court. Volume is particularly high in Hoover, Mountain Brook, and Vestavia Hills courts. The firm’s statewide reach extends from Tuscaloosa to the Gulf Coast to Huntsville.

Client Focus

Polson & Polson represents people charged with DUI and related offenses throughout Alabama. The firm’s exclusive DUI focus means both attorneys have developed depth in the specific science, procedural law, and courtroom strategy that DUI defense requires, without diversion into other practice areas.

The 10-day deadline for an administrative license appeal makes early contact with the firm critical. Clients who wait more than 10 days after arrest lose the ability to challenge the administrative license suspension, regardless of how the criminal case turns out. Free consultations are available, and the firm maintains 24/7 availability specifically to accommodate clients who need to act quickly after an arrest.

The firm’s scientific engagement with DUI evidence is a distinguishing element of its practice. Breath alcohol testing involves instruments and procedures that can be challenged. Field sobriety tests are standardized protocols with known limitations. Traffic stops and checkpoints must meet constitutional requirements. Whitney Polson’s treatise reflects a firm commitment to understanding this science at a level that supports effective courtroom challenges.

FAQ

What is the 10-day deadline in Alabama DUI cases?

After a DUI arrest in Alabama, a driver has 10 days to file an administrative license appeal. This administrative proceeding is separate from the criminal case and governs whether the driver’s license is suspended during the process. Missing the 10-day deadline results in automatic suspension with no opportunity to challenge it administratively.

Does a prior DUI count against me in Alabama?

Alabama has a 10-year lookback period. A DUI conviction from within the past 10 years counts as a prior offense when determining how a new charge is classified. This affects potential sentences and consequences significantly.

What does the firm challenge in DUI cases?

Polson & Polson challenges breath alcohol testing instruments and procedures, field sobriety test reliability and administration, and the constitutionality of the traffic stop or checkpoint that initiated the contact. The firm also challenges the chain of custody and procedures used in blood alcohol testing when applicable.

Does the firm handle DUI cases outside of Birmingham?

Yes. The firm covers nearly every Alabama county and municipal court, with statewide reach from Tuscaloosa to the Gulf Coast to Huntsville. Both attorneys have handled high volumes of cases in Hoover, Mountain Brook, and Vestavia Hills courts specifically, in addition to courts throughout the state.

How do I reach the firm after hours?

The firm maintains 24/7 availability. During business hours, call (205) 871-8838. After hours, call (205) 401-3171. Free consultations are available. The firm’s website is at alabamaduidefense.com/.

Closing

Two attorneys, each with a co-authored book on DUI defense, both AV-rated by Martindale-Hubbell, both recognized by Super Lawyers, both speaking at professional DUI seminars, and between them more than four combined decades of exclusive DUI practice: Polson & Polson, P.C. is a firm that has been built specifically for the clients it serves. Alabama’s 10-day administrative appeal deadline and 10-year lookback period create urgency and complexity that generic criminal defense practitioners may not fully understand. The Polsons have made understanding those specifics the entirety of their professional focus.