If you have been accused of DUI in Madison, Alabama you don’t have to face it alone. Price, Flowers & Ward Law Firm will stand with you through each step of your case and fight to protect you from a DUI conviction.

Our firm has been representing clients charged with DUI in the Municipal Court of Madison for many years. Madison’s local Municipal Court DUI charges are somewhat different from DUI charges in Alabama’s State Courts. Madison does not have its own specific DUI ordinance, instead it makes it a crime against the City of Madison to do any act that is a misdemeanor under Alabama state law. This ordinance applies to offenses committed within the city limits of Madison, Alabama.

When the Madison City Police charge you with DUI, they usually charge you with violating this ordinance, not with violating the Alabama’s DUI law directly.

Under Madison’s Code of Ordinances, the penalties for DUI are the same as those under Alabama’s DUI statute. This means a person convicted of DUI in Madison City Court is can be sentenced to up to one (1) year in jail!

If you would like to know more about defending DUI charges in Madison, Alabama, we would be happy to speak with you. 

icon phone Contact our office immediately to protect your license.

Madison’s Ordinances Concerning DUI:

MADISON, ALABAMA CODE OF ORDINANCES

Sec. 14-1. - Incorporation of state offenses, violations and unclassified offenses; penalties.

(a)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state now existing or hereafter enacted to be a misdemeanor [this includes most DUIs] shall be guilty of an offense against the city.

(b)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state now existing or hereafter enacted to be a violation shall be guilty of an offense against the city.

(c)  Any person committing within the corporate limits of the city an offense as defined by Code of Ala. 1975, § 13A-1-2, which offense is not declared by a law or laws of the state now existing or hereafter enacted to be a felony, misdemeanor or violation, shall be guilty of an offense against the city.

(Code 1979, § 14-1)

State law reference— Criminal damage to property, Code of Ala. 1975, § 13A-7-20 et seq.; criminal tampering, Code of Ala. 1975, § 13A-7-24 et seq.

 Sec. 1-8. - General penalty.

(a)  Wherever in this Code, or in any ordinance or resolution of the city, or rule, regulation or order promulgated by any officer or agent of the city under authority duly vested in such officer or agent, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, or order shall be punished by a fine not less than $1.00 and not exceeding $500.00 or by imprisonment at hard labor not exceeding six months, or both; provided, however, that any person found to be in violation of Code of Ala. 1975, § 32-5A-191 [Alabama’s DUI law], shall, upon conviction, be punished in accordance with the provisions set out in such Code of Ala. 1975, § 32-5A-191. Each day any violation of this Code or any such ordinance, resolution, rule, regulation or order shall continue shall constitute a separate offense.

(b)  Any person who is convicted under section (a) hereof shall be punished by fine, not to exceed $500.00 or by imprisonment at hard labor upon the streets or public works or in the workhouse or house of correction in the City of Madison, not exceeding six months, one or both; and in the event any fine or cost is not presently paid, the municipal judge shall sentence the offender, or person, thus in default to work out the fine and costs at hard labor upon the streets or public works or in the workhouse or house of correction of the City of Madison, and persons so sentenced to hard labor shall be allowed not less than $10.00 for each day's service so performed.

(c)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state, now existing or hereafter enacted, to be an offense as defined in Code of Ala. 1975, § 13A-1-2, which is not declared by a law of the state to be a felony, misdemeanor or violation, shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $500.00, and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding six months, at the discretion of the court trying the case.

(d)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state, now existing or hereafter enacted, to be a violation shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $200.00, and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding 30 days, or double the pecuniary gain to the defendant or loss to the victim as authorized in Code of Ala. 1975, § 13A-5-12, at the discretion of the court trying the case.

(e)  Any corporation found to be in violation shall, upon conviction, be punished by a fine of not less than $1.00, nor more than $500.00, at the discretion of the court trying the case.

(f)  In all cases where the same offense is made punishable or is created by different clauses or sections of this Code or of an ordinance, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, the revocation of a license or permit, or the abatement of a nuisance and the assessment of the cost thereof shall not be considered a recovery or penalty so as to bar the enforcement of any other penalty.

(g)  No penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine and sentence established under state law for the commission of a substantially similar offense.

(h)  Whenever a minimum, but not a maximum, fine or penalty is imposed, the court may in its discretion fine the offender the minimum or any sum exceeding the minimum fine or penalty so imposed, but not exceeding the maximum provided in this section.

(i)  No provision of this Code or any ordinance designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for a failure to perform such duty, unless the intention of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(Code 1979, §§ 1-6 , 14-1 ; Ord. No. 83-21, §§ 1, 2, 8-16-83; Ord. No. 2005-148, § 2, 7-11-05)

State law reference— Authority of city to enforce obedience to ordinances by fine not exceeding $500.00 and by imprisonment or hard labor not exceeding six months, or both, Code of Ala. 1975, §§ 11-45-1, 11-45-9; punishment for DUI up to $5,000.00 and one year in jail, Code of Ala. 1975, § 11-45-9; authority to abate nuisances, Code of Ala. 1975, §§ 11-47-117, 11-47-118; municipal courts, Code of Ala. 1975, § 12-14-1 et seq.; punishment, Code of Ala. 1975, § 13A-5-1 et seq.

If you are looking for a DUI attorney to defend against charges in Madison City Court or a DUI in the Madison County District Court, contact us today!

icon phone Contact our office immediately to protect your license.

DUI Attorney Madison, Alabama

If you have been accused of DUI in Madison, Alabama you don’t have to face it alone. Price and Flowers Law Firm will stand with you through each step of your case and fight to protect you from a DUI conviction.

Our firm has been representing clients charged with DUI in the Municipal Court of Madison for many years. Madison’s local Municipal Court DUI charges are somewhat different from DUI charges in Alabama’s State Courts. Madison does not have its own specific DUI ordinance, instead it makes it a crime against the City of Madison to do any act that is a misdemeanor under Alabama state law. This ordinance applies to offenses committed within the city limits of Madison, Alabama.

When the Madison City Police charge you with DUI, they usually charge you with violating this ordinance, not with violating the Alabama’s DUI law directly.

Under Madison’s Code of Ordinances, the penalties for DUI are the same as those under Alabama’s DUI statute. This means a person convicted of DUI in Madison City Court is can be sentenced to up to one (1) year in jail!

If you would like to know more about defending DUI charges in Madison, Alabama, we would be happy to speak with you.  Contact Us Now.

Madison’s Ordinances Concerning DUI

MADISON, ALABAMA CODE OF ORDINANCES

Sec. 14-1. - Incorporation of state offenses, violations and unclassified offenses; penalties.

(a)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state now existing or hereafter enacted to be a misdemeanor [this includes most DUIs] shall be guilty of an offense against the city.

(b)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state now existing or hereafter enacted to be a violation shall be guilty of an offense against the city.

(c)  Any person committing within the corporate limits of the city an offense as defined by Code of Ala. 1975, § 13A-1-2, which offense is not declared by a law or laws of the state now existing or hereafter enacted to be a felony, misdemeanor or violation, shall be guilty of an offense against the city.

(Code 1979, § 14-1)

State law reference— Criminal damage to property, Code of Ala. 1975, § 13A-7-20 et seq.; criminal tampering, Code of Ala. 1975, § 13A-7-24 et seq.

Sec. 1-8. - General penalty.

(a)  Wherever in this Code, or in any ordinance or resolution of the city, or rule, regulation or order promulgated by any officer or agent of the city under authority duly vested in such officer or agent, any act is prohibited or is declared to be unlawful or a misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or any such ordinance, resolution, rule, regulation, or order shall be punished by a fine not less than $1.00 and not exceeding $500.00 or by imprisonment at hard labor not exceeding six months, or both; provided, however, that any person found to be in violation of Code of Ala. 1975, § 32-5A-191 [Alabama’s DUI law], shall, upon conviction, be punished in accordance with the provisions set out in such Code of Ala. 1975, § 32-5A-191. Each day any violation of this Code or any such ordinance, resolution, rule, regulation or order shall continue shall constitute a separate offense.

(b)  Any person who is convicted under section (a) hereof shall be punished by fine, not to exceed $500.00 or by imprisonment at hard labor upon the streets or public works or in the workhouse or house of correction in the City of Madison, not exceeding six months, one or both; and in the event any fine or cost is not presently paid, the municipal judge shall sentence the offender, or person, thus in default to work out the fine and costs at hard labor upon the streets or public works or in the workhouse or house of correction of the City of Madison, and persons so sentenced to hard labor shall be allowed not less than $10.00 for each day's service so performed.

(c)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state, now existing or hereafter enacted, to be an offense as defined in Code of Ala. 1975, § 13A-1-2, which is not declared by a law of the state to be a felony, misdemeanor or violation, shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $500.00, and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding six months, at the discretion of the court trying the case.

(d)  Any person committing an offense within the corporate limits of the city which is declared by a law or laws of the state, now existing or hereafter enacted, to be a violation shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $200.00, and/or may be imprisoned or sentenced to labor for the city for a period of not exceeding 30 days, or double the pecuniary gain to the defendant or loss to the victim as authorized in Code of Ala. 1975, § 13A-5-12, at the discretion of the court trying the case.

(e)  Any corporation found to be in violation shall, upon conviction, be punished by a fine of not less than $1.00, nor more than $500.00, at the discretion of the court trying the case.

(f)  In all cases where the same offense is made punishable or is created by different clauses or sections of this Code or of an ordinance, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, the revocation of a license or permit, or the abatement of a nuisance and the assessment of the cost thereof shall not be considered a recovery or penalty so as to bar the enforcement of any other penalty.

(g)  No penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine and sentence established under state law for the commission of a substantially similar offense.

(h)  Whenever a minimum, but not a maximum, fine or penalty is imposed, the court may in its discretion fine the offender the minimum or any sum exceeding the minimum fine or penalty so imposed, but not exceeding the maximum provided in this section.

(i)  No provision of this Code or any ordinance designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for a failure to perform such duty, unless the intention of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(Code 1979, §§ 1-6 , 14-1 ; Ord. No. 83-21, §§ 1, 2, 8-16-83; Ord. No. 2005-148, § 2, 7-11-05)

State law reference— Authority of city to enforce obedience to ordinances by fine not exceeding $500.00 and by imprisonment or hard labor not exceeding six months, or both, Code of Ala. 1975, §§ 11-45-1, 11-45-9; punishment for DUI up to $5,000.00 and one year in jail, Code of Ala. 1975, § 11-45-9; authority to abate nuisances, Code of Ala. 1975, §§ 11-47-117, 11-47-118; municipal courts, Code of Ala. 1975, § 12-14-1 et seq.; punishment, Code of Ala. 1975, § 13A-5-1 et seq.

If you are looking for a DUI attorney to defend against charges in Madison City Court or a DUI in the Madison County District Court, contact us today!

assoc hmpg2