Alabama DUI: Using a Motion in Limine Against Sentencing

Facing a DUI charge in Alabama is a daunting experience, where the consequences—including mandatory jail time, steep fines, and license revocation—can feel overwhelming. The state’s criminal sentencing process is a complex web of statutes, particularly Alabama Code § 32-5A-191, which dictates progressively harsher penalties based on the number of prior offenses and the presence of aggravating factors. However, a key element of an effective defense strategy is utilizing procedural tools before the trial even begins. Among the most powerful is the Motion in Limine (Latin for “at the threshold”), a critical pretrial motion used to define the boundaries of the evidence a jury is allowed to hear.

While often associated with excluding improperly obtained evidence (which is typically done via a Motion to Suppress), the Motion in Limine is primarily concerned with ruling on the admissibility of evidence that is highly prejudicial, confusing, or otherwise violates the rules of evidence. When used strategically in an Alabama DUI case, this motion can be indispensable in protecting the defendant from evidence that could lead to an unfair conviction or an improperly enhanced sentence.

What is a Motion in Limine and How Does It Apply to DUI?

A Motion in Limine is a formal request to the judge to rule on the admissibility of specific pieces of evidence before they are presented to the jury. The goal is simple: to prevent the jury from ever hearing or seeing evidence that is inadmissible, irrelevant, or so prejudicial that it would taint the entire trial and impair the defendant’s right to a fair hearing. Granting this motion essentially limits the scope of the opposing party’s presentation, often influencing the entire narrative of the trial.

In the context of an Alabama DUI case, this motion is frequently used to target the admissibility of:

• Unqualified opinions from the arresting officer (e.g., that the defendant was “impaired” or “under the influence to the extent that his normal faculties are impaired,” as this is the ultimate issue for the jury).
• Prejudicial terms used by the prosecution or witnesses, such as labeling Field Sobriety Exercises as “tests,” or referring to performance as “passing” or “failing,” which can inappropriately enhance the significance of observations.
• References to evidence that was improperly handled or procedures that were not correctly followed, such as a lack of continuous observation for the required 20 minutes before a breath test.

Challenging Aggravating Factors and Prior Convictions

While the jury is tasked with determining guilt, the evidence presented during the trial often contains “aggravating factors” that directly trigger mandatory, enhanced minimum sentences if a conviction occurs. A Motion in Limine can be critical for controlling how or whether this prejudicial evidence is presented.

The BAC Aggravator (0.15% or Higher)

Under Alabama law, if a person is convicted of DUI with a Blood Alcohol Content (BAC) of 0.15% or greater, the minimum punishment for the offense is statutorily doubled. For a second offense, this means the mandatory minimum jail time doubles from five days to ten days.

Evidence of Prior DUI Convictions

The state must prove prior convictions to enhance a current charge to a subsequent offense (e.g., from a first offense to a misdemeanor second offense, or a third offense to a Class C felony). Evidence of a defendant’s past criminal history is generally highly prejudicial and is usually inadmissible unless an exception applies. A defense attorney can file a Motion in Limine to exclude any mention of prior DUI convictions or other criminal history from the jury during the guilt phase of the trial, arguing that its prejudicial effect outweighs any probative value under the Rules of Evidence.

Offense (within 10 years)	Jail/Prison (Minimum)	Fine Range	License Revocation
1st	Up to 1 year	$600 – $2,100	90 days (Suspension)
2nd	5 days mandatory (or 30 hours community service)	$1,100 – $5,100	1 year (Revocation)
3rd	60 days mandatory	$2,100 – $10,100	3 years (Revocation)
4th/Subsequent (Felony)	1 year and 1 day to 10 years (10 days mandatory)	$4,100 – $10,100	5 years (Revocation)
Note: Mandatory minimums, fines, and license periods are doubled if BAC is 0.15% or greater.

Summary: The Strategic Value of Pretrial Motions

The groundwork for a successful Alabama DUI defense is often laid not at trial, but through meticulous pretrial procedures. The Motion in Limine serves as an essential tool to sharpen the case presented to the jury, removing distractions and stripping away highly prejudicial evidence that could otherwise lead to an unwarranted conviction or an unjust, enhanced sentence.

1. The Motion in Limine is a pretrial request to exclude specific, potentially prejudicial evidence from ever being presented to the jury.
2. In an Alabama DUI case, it can be used to challenge an officer’s unqualified opinion of “impairment,” as this is an ultimate issue for the jury to decide.
3. Critically, the motion can target evidence used to trigger statutory sentencing aggravators, such as the BAC of 0.15% or higher, which doubles the mandatory minimum punishment under Ala. Code § 32-5A-191(i).
4. It is the primary tool to prevent the jury from hearing about a defendant’s prior DUI convictions, which, while relevant for sentencing, are highly prejudicial during the determination of guilt.

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Frequently Asked Questions (FAQ)

Can a Motion in Limine exclude the BAC test result entirely?

Yes, but typically only if the BAC test result is deemed inadmissible under the Rules of Evidence (e.g., lack of proper foundation, improper procedure, or chain of custody issues). If the motion succeeds, the State cannot use the test result, potentially removing the “per se” DUI charge and the 0.15% sentence enhancement.

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

A Motion to Suppress challenges evidence based on how it was obtained, usually arguing a constitutional violation like an illegal search/seizure or a Miranda rights violation. A Motion in Limine challenges evidence based on its nature—arguing it is irrelevant, highly prejudicial, or violates general rules of evidence, irrespective of how it was obtained.

Does a DUI conviction stay on my record permanently in Alabama?

Yes. In Alabama, DUI convictions are among the few non-violent misdemeanor crimes that cannot be expunged under current law (Act 2021-482). The conviction remains permanently on your criminal record.

How long is the “look back” period for DUI offenses in Alabama?

Alabama law uses a 10-year look-back period to determine if a conviction is considered a second, third, or subsequent offense for enhanced criminal sentencing.

Legal Portal Safety Compliance Disclaimer

This blog post is for informational purposes only and is not intended as legal advice. The information provided regarding Alabama DUI law and procedures, including Motions in Limine and sentencing guidelines (Ala. Code § 32-5A-191), is based on publicly available statutes and general legal practice as of the date of publication, but laws change and every case is unique. Consult directly with a qualified Legal Expert for advice specific to your situation. This content was generated by an AI assistant.

The fight against a DUI charge in Alabama is a procedural and strategic battle. Using a Motion in Limine effectively allows your defense to dictate the terms of the trial, ensuring that the evidence the jury considers is fair, admissible, and not designed merely to inflame or prejudice. Never underestimate the power of pretrial preparation.

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