Criminal Defense

About Our Firm

Tuscaloosa Criminal Defense Attorney

Students attending The University of Alabama call Tuscaloosa their home while they are here. Let an experience criminal defense attorney at Malone & Nelson assist you when facing criminal charges. After all, everyone makes mistakes.

 Our criminal justice attorneys are not only familiar with the court system in Tuscaloosa but also understand what it’s like to be a student at the University of Alabama. Both Chase Malone and Jessica Schaub attended UA. Chase is a member of  Pi Kappa Phi, and Jessica is a member of Alpha Omicron Pi. We assist students at the University of Alabama when they find themselves facing: 

  • Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)

  • Minor in Possession (MIP) or Public Intoxication (PI)

  • Possession of an Illegal Substances

  • Juvenile matters

  • Other criminal charges

Whether it be an arrest for possession or DUI, let one of our experienced criminal defense lawyers assist you in navigating the legal system and minimizing the negative impacts of the charge on your educational experience at the University of Alabama and on your life. 

Attorneys

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Jessica-practice-area-(web).jpg

Frequently Asked Questions (FAQs)

Will a DUI cause me to fail a background check?


Yes, a DUI will show up on background checks as a criminal conviction. However, sometimes there are ways to avoid them appearing on your record.




Will a DUI affect my employment?


It could. Many companies will not hire someone who has a DUI conviction. It depends, of course, on the job and the company.




Can a DUI be expunged?


Yes, many times, a DUI can be expunged from your record, depending on the circumstances.




Can a DUI charge be reduced or dismissed?


Yes, there are many defenses to a DUI charge, and there are agreements that can be reached to resolve such charges that result in them being dismissed and/or other less severe charges being plead.




What happens in court when charged with a DUI?


A DUI charge is prosecuted like many other criminal cases. There are many circumstances which affect exactly how they are tried (e.g. which law enforcement agency issued the charge, where it was issued, whether this is the first charge, whether there are other associated charges, etc.).




What do I do if I am pulled over for a DUI?


Don’t panic. Be polite and courteous. The officer will likely ask for your driver's license, insurance, name, address, etc. It is fine to provide this information, but don’t make any unnecessary statements. Know your rights. The officer may ask you to take a field sobriety test or a breathalyzer. If you were driving, you have probably given consent under Alabama law to a breathalyzer. If you refuse to take it, your driver’s license can be suspended for at least 90 days. If you take it and fail, you can also have your license suspended for at least 90 days. There is no set answer or advice that fits every situation. But, regardless of what happens when you are pulled over, you may have options other than pleading guilty.




How long is a DUI on your record?


It depends on many circumstances but, namely, how the charge is recorded. If it goes on your record, it is generally there forever.




How do I get my license back after being charged with a DUI?


There is a process by which you can seek to have your license reinstated either unrestricted or for limited purposes.




Can I be charged with a DUI without taking a field sobriety test and/or a breathalyzer?


Yes, a field sobriety test or breathalyzer is not necessary for you to be charged with a DUI.




Should I submit to a field sobriety test and/or a breathalyzer if pulled over for a DUI?


You have the right to refuse a field sobriety test and breathalyzer. If you believe that you would fail the test, it may be best to refuse it. But, realize that your license can be suspended if you do.




What is the legal limit for a DUI in Alabama?


If you are 21 or over, 0.08%. If you are under 21, 0.02%.




Are there defenses to a DUI?


Yes, there are many defenses to a DUI charge depending on the circumstances.




Can I do community service for a DUI?


Yes, there are a variety of options available to a court in assessing penalties, but also in negotiating deferred prosecution and other settlements of such charges.




How long will a DUI be on my record?


In most cases, a conviction on your record is always there. However, its effect on your insurability, etc., depends on a number of circumstances.




Does a DUI affect my insurance?


Yes, a DUI can make obtaining liability insurance (car insurance) more difficult and more costly.




Is a DUI a felony in Alabama?


It can be, depending on the circumstances.




How long does a minor in possession stay on your record?


Criminal convictions never go away.




Can I get a minor in possession charge dismissed?


Yes, there are many defenses and settlement option which could result in a minor in possession charge being dismissed.




Can I get a minor in possession charge expunged from my record?


Yes, depending on the circumstances, a minor in possession charge can be expunged from your record.




Is it okay to have an open container in Alabama?


There are some places where having an open container of alcohol is allowed, assuming you are of the legal drinking age. But, there are other charges which could stem from having an open container, such as public drunkenness, etc.




Is it okay to have an open container in Tuscaloosa?


Generally, it is not. However, there are some exceptions.




Will a public intoxication charge show on a background check?


Yes, a public intoxication charge will show up on background checks. However, sometimes there are ways to avoid it from appearing on your record.




Can a public intoxication charge be dismissed?


Yes, there are many defenses to a public intoxication charge, and there are agreements that can be reached to resolve such charges that result in them being dismissed and/or other less severe charges being plead.




Can a public intoxication charge be expunged from my record?


Yes, many times, a public intoxication charge can be expunged from your record, depending on the circumstances.





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