Categories: Criminal

Alabama DUI: The Power of Motion in Limine & Expungement

Meta Description: Understand the critical role of a Motion in Limine in an Alabama DUI case and how a successful pre-trial strategy is the gateway to DUI expungement eligibility for dismissed charges.

Alabama DUI Defense: Using a Motion in Limine to Open the Door to Expungement

A Driving Under the Influence (DUI) charge in Alabama carries severe, life-altering penalties, including fines, potential jail time, and mandatory license suspension. For individuals facing this complex legal battle, the path to protecting their rights and future often begins long before a jury is ever seated. One of the most powerful pre-trial tools available to a defense team is the Motion in Limine (MIL).

Understanding how a strategic MIL can shape the outcome of your case—and, crucially, how that outcome directly impacts your eligibility for record expungement—is essential for anyone navigating the Alabama criminal justice system.

What is a Motion in Limine in an Alabama DUI Case?

The Latin phrase in limine translates to “on the threshold” or “at the outset”. A Motion in Limine is a formal request filed with the court, typically before the trial begins, asking the judge to rule on the admissibility of specific evidence or testimony.

💡 Legal Expert Tip:

A successful Motion in Limine is preventative. Its primary purpose is to stop a jury from ever hearing prejudicial, irrelevant, or constitutionally inadmissible evidence, thereby preventing the “bell from being rung” in the courtroom.

In the context of a DUI trial, an MIL is a crucial defensive measure. DUI cases heavily rely on scientific evidence and police testimony regarding field sobriety exercises (FSEs). The defense uses the MIL to challenge the foundation and relevance of these key pieces of the prosecution’s case.

Common Targets for a DUI Motion in Limine

Legal Experts commonly file motions to exclude or limit the following categories of evidence in an Alabama DUI proceeding:

Officer Opinion Testimony: Motions are often filed to prevent the arresting officer from stating their “opinion” that the defendant was “impaired” or “under the influence.” This is argued to be an opinion on the ultimate issue of guilt, which is the jury’s role, not the officer’s.
Use of Terms like “Test,” “Pass,” or “Fail”: Defense teams often seek to preclude the prosecutor and witnesses from using judgmental language like “pass,” “fail,” or “test” when describing Field Sobriety Exercises. This is because these terms can unduly enhance the perceived significance of the FSEs, leading to unfair prejudice.
Prior DUI Convictions: In a current DUI case, the defense will almost certainly file an MIL to exclude evidence of the defendant’s prior DUI convictions, arguing that they are highly prejudicial and irrelevant to the current charge (unless a statute allows them for sentence enhancement purposes post-conviction).
Refusal to Submit to Testing: While Alabama’s implied consent law allows refusal evidence to be admitted, its prejudicial effect can sometimes be challenged through an MIL, especially if the refusal was ambiguous or improperly obtained.

The Pivotal Link: Motion in Limine and Expungement Eligibility

The relationship between a Motion in Limine and expungement is not direct, but it is entirely pivotal. A successful MIL can fatally weaken the prosecution’s case, resulting in an outcome that makes the original arrest record eligible for expungement under Alabama law. Expungement in Alabama does not happen automatically; a petition must be filed in the appropriate Circuit Court.

⚠️ Caution: DUI Convictions are Generally NOT Expungable

Under Alabama Code Section 15-27 and subsequent amendments (like the REDEEMER Act), a conviction for a DUI is generally not eligible for expungement because it is classified as a serious traffic offense. The state’s expungement law is primarily intended to clear records for non-convictions.

Expungement is Only for Non-Convictions

To have your DUI arrest and charge record expunged in Alabama, the case must have resulted in one of the following non-conviction outcomes, a result often achieved through strong pre-trial motions and defense strategies:

A finding of Not Guilty (acquittal) by the judge or jury.
The charge was Dismissed With Prejudice.
The charge was No-Billed by a grand jury.
Successful completion of a Pre-Trial Diversion Program or other court-approved deferred prosecution program, followed by a waiting period (typically one year).

In essence, the Motion in Limine is a tool used during the trial phase (the defense) to achieve the necessary outcome (a dismissal or acquittal) that makes the record eligible for the post-case relief (the expungement).

The Alabama Expungement Procedure (Code § 15-27)

If you successfully achieve a non-conviction outcome, the next step is the formal expungement process as outlined in the Code of Alabama 1975, Section 15-27.

Step	Requirement
1. Obtain Records	Obtain a certified criminal history record from the Alabama Law Enforcement Agency (ALEA) and a certified record of arrest/disposition from the local law enforcement agency or court.
2. File Petition	File a sworn Petition for Expungement of Records in the Circuit Court of the county where the arrest or charge was filed.
3. Pay Fee	Pay the mandatory administrative filing fee (typically $500.00 for one arrest, as per Ala. Code § 15-27-4).
4. Service and Hearing	Serve the District Attorney, the law enforcement agency, and the clerk of the court. The court may require a hearing before granting the final Order of Expungement.

A successful expungement clears the arrest records from criminal history reports, and in most cases, an individual is no longer required to disclose the expunged charge. This provides a fresh beginning, removing the negative impact of the past arrest on employment, education, and housing opportunities.

Case Context: Anonymized DUI Scenario

A defendant, Mr. R, was charged with a first-offense DUI in Alabama. His Legal Expert filed a comprehensive Motion in Limine arguing that the results of the horizontal gaze nystagmus (HGN) portion of the field sobriety exercises were improperly administered and therefore inadmissible hearsay opinion. The judge granted the MIL, severely limiting the key evidence the prosecution could present at trial. Without this evidence, the prosecution was unable to prove its case beyond a reasonable doubt, resulting in a dismissal of the charges with prejudice. One year later, Mr. R was eligible to and successfully petitioned the Circuit Court for a full expungement of the DUI arrest and charge records.

Summary of Key Takeaways

The Motion in Limine is a crucial pre-trial defense tactic used to exclude prejudicial evidence, like improper officer testimony or prior convictions, in an Alabama DUI case.
Alabama law generally prohibits expungement for DUI convictions, making the outcome of the underlying criminal case paramount.
DUI expungement is only possible if the charge results in a non-conviction, such as a dismissal, an acquittal (Not Guilty verdict), or successful completion of a diversion program.
A successful Motion in Limine is often the direct catalyst for achieving the non-conviction outcome required for expungement eligibility.
The formal expungement process requires filing a sworn petition, obtaining certified criminal records (including from ALEA), and paying a fee to the Circuit Court.

Quick Card Summary

Motion in Limine: Pre-trial request to exclude prejudicial evidence (e.g., prior arrests, officer’s ultimate opinion of guilt).

Expungement Status (Conviction): Generally Not Eligible in Alabama.

Expungement Status (Non-Conviction): Eligible for dismissed, acquitted, or successfully diverted charges.

Frequently Asked Questions (FAQ)

Q: Can I expunge a DUI conviction in Alabama?

A: Generally, no. Alabama law excludes DUI convictions from the expungement process, even under the expanded 2021 law, as it is classified as a serious traffic offense.

Q: What is the main difference between a Motion in Limine and a Motion to Suppress?

A: A Motion in Limine (MIL) typically addresses the admissibility of evidence based on relevance or prejudice (e.g., reputation, improper language). A Motion to Suppress, conversely, is usually used to exclude tangible evidence or statements that were obtained in violation of the defendant’s constitutional rights (e.g., illegal search, un-Mirandized confession).

Q: If my DUI charge was dismissed, how long do I have to wait to file for expungement?

A: The waiting period depends on the reason for dismissal. If dismissed after successfully completing a diversion program, you may file one year after completion. If dismissed without prejudice, a period of one to five years must pass without a refiling of the charge or a subsequent conviction.

Q: Can a DUI arrest remain on my record even if the case was dismissed?

A: Yes. A DUI arrest record remains on your criminal history report, even if the charge was dismissed, unless you successfully petition the court for an Order of Expungement.

Legal Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. The information provided is based on Alabama law (including Code § 15-27 and Act 2021-482) and general legal principles as of the date of publication. DUI law and expungement eligibility are highly fact-specific and subject to change. Readers should consult with an experienced legal expert in Alabama to discuss the specifics of their case. This content was generated by an AI assistant.

Alabama DUI, Motion in Limine, DUI Expungement, Alabama Expungement Law, DUI Pre-Trial Motions, Exclude Prior DUI, Rules of Evidence, Misdemeanor Expungement, Felony Expungement, DUI Defense Strategy, Actual Physical Control, BAC Limits, Legal Expert, Criminal, State Courts, Legal Procedures, Filing & Motions, Trials & Hearings, Case Law, Statutes & Codes, Criminal Cases, How-to Guides

geunim