Understanding Alabama’s DWI Sentencing Diversion Program

A Driving While Intoxicated (DWI), commonly referred to as Driving Under the Influence (DUI) in Alabama, is a serious charge that carries severe penalties, even for a first offense. For many first-time offenders, however, there is a crucial opportunity to avoid a permanent criminal conviction through a process often referred to as a Pretrial Diversion Program (PTD) or Deferred Prosecution Program. This option provides a path focused on rehabilitation, education, and accountability, rather than immediate incarceration and a lasting criminal record.

It is important to understand that these diversion programs are not uniformly available across the entire state but are often implemented and managed at the county or municipal level by the District Attorney’s office. As such, specific eligibility and requirements can vary significantly from one jurisdiction to another.

What is a DWI Pretrial Diversion Program?

A DWI Pretrial Diversion Program is an alternative sentencing option that temporarily diverts a case out of the traditional criminal justice system. The core purpose is to give first-time offenders a chance to take responsibility for their actions by completing a strict set of conditions over a period of time, typically ranging from six to twelve months.

The standard procedure for admission typically requires the offender to enter a plea of guilty to the DUI charge. However, the court then withholds the adjudication and sentencing, putting the case on hold while the defendant participates in the program.

Eligibility Requirements for Diversion

While the District Attorney retains broad discretion in determining who is admitted, most DWI diversion programs in Alabama share several key eligibility criteria. These programs are generally restricted to first-time offenders who demonstrate a commitment to rehabilitation.

Primary Criteria

• First-Time Offender Status: The individual must have no previous arrests, charges, or convictions for DUI in their lifetime.
• BAC Threshold: The Blood Alcohol Content (BAC) at the time of arrest must typically have been below 0.15%.
• No Aggravating Factors: The case must generally not involve an accident resulting in injury, nor can there be a child passenger under the age of 18 in the vehicle at the time of the arrest.
• Compliance: The defendant must have been cooperative with law enforcement during the stop and arrest.
• Criminal History: The individual must have no prior felony convictions or convictions for violent or weapons offenses.

Mandatory Program Requirements and Conditions

Upon acceptance, the offender enters into a written agreement outlining the conditions of their participation. This agreement is a formal contract that, if violated, results in the immediate imposition of the previously withheld sentence.

Key Program Components

Common Diversion Requirements

Requirement	Details
Substance Abuse Treatment/Education	Mandatory completion of a state-certified chemical dependency program, such as the Court Referral Office’s Level 1 (12-hour) or Level 2 (24-hour) program, based on an assessment.
Financial Obligations	Payment of all program fees, court costs, supervision fees, fines, and restitution if applicable.
Supervision and Compliance	Adherence to a probation-like status, including submission to periodic or random drug/alcohol testing, and completion of community service hours.
General Conduct	Refraining from committing any new criminal offenses and maintaining employment or school enrollment.

The Consequences of Non-Completion (Zero Tolerance)

Alabama diversion programs are typically administered as “ZERO TOLERANCE” programs. Non-compliance with any of the rules or requirements—such as a positive drug test, failure to pay fees, or a new arrest—will result in termination from the program.

Summary: Navigating the DUI Diversion Path

While the prospect of a DUI charge can be overwhelming, the Alabama diversion program provides a critical pathway for eligible first-time offenders to mitigate the most severe, long-term consequences of a conviction. Success hinges entirely on strict adherence to every program condition set forth by the District Attorney and the supervising agency.

1. Local Discretion is Key: Diversion availability and specific rules are determined by individual county and municipal prosecutors, making local legal knowledge essential.
2. Strict Eligibility: The program is generally reserved for true first offenders with BAC under 0.15% and no serious aggravating factors.
3. Guilty Plea with Withholding: Participants typically must plead guilty upfront, with the judge withholding final judgment until successful completion.
4. Mandatory Requirements: Core requirements include Ignition Interlock installation, substance abuse education/treatment (Level 1 or 2), community service, and full payment of all fees/costs.
5. Achieving a Dismissal: Successful completion results in the case dismissal, which is the only way to potentially clear the record of a DUI-related charge in Alabama.

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Frequently Asked Questions (FAQ)

Q: Can I get my DUI charge expunged after completing the diversion program?

A: Yes. While a DUI conviction in Alabama generally cannot be expunged, successfully completing a diversion program leads to a *dismissal* of the charge. A dismissal makes the case eligible for expungement under Alabama law.

Q: Is the Ignition Interlock Device (IID) always required in a DUI diversion?

A: Generally, yes, for DUI arrests after July 1, 2018. If you are admitted to a DUI diversion program, state law requires the IID to be installed for at least six months or the program’s duration.

Q: How long does the Pretrial Diversion Program last?

A: The duration varies by jurisdiction and the specific requirements, but it commonly lasts between six months and one year.

Q: What happens if I violate the rules of the diversion program?

A: The program operates under a “zero tolerance” policy. Any violation, such as failing a drug test or being arrested for a new offense, will result in your immediate termination, the acceptance of your original guilty plea, and the imposition of the full DUI sentence.

Disclaimer

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