Categories: Court Info

Alabama DUI Preliminary Hearing: Your Guide to Consequences

Meta Description: Understand the difference between an Alabama DUI preliminary hearing and the ultimate conviction penalties. Learn about probable cause, license suspension deadlines, and the fines and jail time for first, second, and felony DUI offenses. Secure your driving privileges today.

Being charged with driving under the influence (DUI) in Alabama initiates a complex legal process that can feel overwhelming. Many individuals facing these charges hear terms like “preliminary hearing” and immediately worry about sentencing. It is crucial to understand that the primary function of an Alabama preliminary hearing is not to assign penalties, but to determine if the state has enough evidence to proceed with the case.

The penalties—such as fines, jail time, and license revocation—are only imposed upon a conviction, which occurs later, either through a guilty plea or a finding of guilt at trial. However, there is a separate, time-sensitive hearing for your driver’s license that can result in an immediate penalty, which is often confused with the criminal preliminary hearing.

Legal Expert Tip: The most immediate and consequential “preliminary” action is often the Administrative License Suspension (ALS) hearing. You have only 10 days from the date of arrest to request this hearing to challenge the administrative suspension of your driver’s license. Missing this deadline results in an automatic suspension.

The Administrative License Suspension (ALS) Hearing

In Alabama, a DUI arrest triggers two separate legal actions: the criminal case and an administrative action regarding your driver’s license. The administrative action is governed by Alabama’s Implied Consent law, which states that by driving, you consent to a chemical test (breath, blood, or urine) if arrested for DUI.

If you refuse a chemical test, or if your blood alcohol concentration (BAC) is 0.08% or greater, the state can move to suspend your license. This suspension takes effect 45 days after the arrest, but you can challenge it by requesting an ALS hearing within 10 days of the arrest.

CAUTION: Administrative Penalties Are Separate!

BAC ≥ 0.08% or Test Refusal: Your license is subject to suspension for 90 days (first offense).
Action Required: You must request an ALS hearing within the 10-day period to potentially stop this suspension process.

The Criminal Preliminary Hearing: Probable Cause, Not Punishment

The criminal preliminary hearing is a procedural step within the judicial process, primarily used for felony cases (e.g., a 4th or subsequent DUI) or sometimes in District Court for misdemeanors.

The sole purpose of this hearing is to determine if the prosecutor has established probable cause—that is, whether there is sufficient reason to believe a crime was committed and that the accused committed it.

Key Outcomes of a Preliminary Hearing

Case Proceeds: If the judge finds probable cause, the defendant is “bound over” for trial, and the case moves forward to the grand jury (for felony indictment) or arraignment (for misdemeanor).
Charges Dismissed: If the judge determines there is insufficient evidence to meet the probable cause standard, the charges may be dismissed. This is the only way a “preliminary” step directly impacts the continuation of the case.

Mandatory Penalties Upon DUI Conviction in Alabama

The actual criminal penalties, which are severe and mandatory for repeat offenses, are assigned by the judge after a DUI conviction is secured, not at the preliminary hearing. The severity increases dramatically with each subsequent offense within a 10-year period.

Summary of DUI Penalties Upon Conviction (Alabama Code § 32-5A-191)
Offense Number	Fines	Jail Time	License Revocation/IID
1st Offense	$600 to $2,100	Up to 1 year	90-day suspension; 1 year IID mandate (can substitute suspension)
2nd Offense (within 10 years)	$1,100 to $5,100	5 days mandatory, up to 1 year	1-year revocation; minimum 2 years IID
3rd Offense (within 10 years)	$2,100 to $10,100	60 days mandatory (non-suspendable), up to 1 year	3-year revocation; minimum 3 years IID
4th+ Offense (within 10 years)	$4,100 to $10,100	Class C Felony; 1 year 1 day to 10 years (minimum mandatory)	5-year revocation

Aggravating Factors That Increase Penalties

Alabama law provides for enhanced penalties when certain aggravating factors are present in a DUI case. These factors can significantly increase minimum jail time and fines, even for a first offense:

A high Blood Alcohol Concentration (BAC) of 0.15% or greater.
Having a child under the age of 14 in the vehicle at the time of the offense.
Refusal to submit to a chemical test (which also triggers the separate administrative suspension).

Summary of Your Alabama DUI Case Path

The legal journey after a DUI arrest involves several distinct phases. Working with an experienced Legal Expert is essential to navigate the deadlines and hearings correctly.

Immediate Administrative Action: You must act within 10 days to request an ALS hearing and potentially prevent the 90-day administrative license suspension.
Arraignment: Your first court date where you are formally charged and enter a plea (guilty, not guilty, or no contest).
Preliminary Hearing: A pre-trial procedure, primarily for felony charges, to determine if sufficient probable cause exists to hold you for trial.
Trial/Plea Bargain: If your case proceeds, you will either negotiate a resolution with the prosecutor or go to trial for a final verdict.
Sentencing/Penalties: Criminal penalties are only imposed upon conviction, including mandatory jail, fines, and license revocation that varies based on prior offenses.

Post-Arrest Action Card

Do not wait for your preliminary hearing date. If you have been arrested for DUI in Alabama, there are two immediate priorities:

Contact a Legal Expert: Immediately seek advice to prepare a defense and manage the administrative deadlines.
File ALS Request: Ensure a request for the Administrative License Suspension hearing is filed within 10 days to contest your automatic license suspension.

Frequently Asked Questions (FAQ)

Q: Can my DUI case be dismissed at the preliminary hearing?: A: Yes. If the judge finds that the prosecution has not presented enough evidence to establish probable cause that you committed the crime, the charges may be dismissed.
Q: Is the Administrative License Suspension hearing the same as the criminal preliminary hearing?: A: No. The ALS hearing is an administrative action to challenge the suspension of your license by the state agency (ALEA). The criminal preliminary hearing is a judicial process to determine probable cause for the criminal charge itself.
Q: What is the “look-back” period for counting prior DUIs in Alabama?: A: Alabama uses a 10-year “look-back” period. Any prior DUI conviction more than 10 years ago may not be used to enhance the current charge to a second, third, or fourth offense for sentencing purposes.
Q: Is jail time mandatory for a first-offense DUI conviction in Alabama?: A: No, jail time is typically not mandatory for a standard first offense, which allows for a sentence of up to one year in jail or a fine, or both. However, a minimum of 72 hours (3 days) is mandatory if the BAC was 0.15% or higher or if a minor was present in the vehicle.

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DISCLAIMER: This blog post was generated by an artificial intelligence model based on public information and is for informational purposes only. It is not a substitute for legal advice, nor does it establish an attorney-client relationship. Laws, including statutes and case law, change frequently. Always consult with a qualified Legal Expert regarding your specific legal situation.

Do not face the Alabama legal system alone—seek professional counsel today.

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