Legal Question in DUI Law in Alabama

No, do not try to negotiate directly with the DA. My first advice would be that you need to hire a criminal defense lawyer to get your husband out of trouble for this. An attorney may be able to get him a far better deal than merely keeping him out of jail. It may be possible to work out an agreement to keep your husband from even having a DUI conviction. However, this is not a simple matter and you need an attorney to get you through the process.

If you are financially unable to afford to hire an attorney, your husband can apply to have a court appointed attorney appointed to represent him. If your husband qualifies as indigent, then the judge would appoint an attorney to handle the case and your husband would not have to pay the attorneys fee up front. However, be advised that judges usually order defendants with court appointed attorneys to pay part of the costs of the appointed lawyer as part of the fine and court costs, so your husband is going to pay for a lawyer either way.

If you want to get an appointed lawyer for your husband, he needs to fill out a form called an Affidavit of Substantial Hardship and turn it in to the court. You can pick up the form at the clerks office, and he will have to sign it in front of a notary public. He can turn it in to the judge at the arraignment, but it may be better to go ahead and file it ahead of time.

Our office handles DUI defense. If you would like to consult with us about the case, we would be glad to discuss it with you. Please feel free to give me a call or send me an email. Good luck to you.