Categories: Court Info

Alabama DWI: Motion to Dismiss and Sentencing Guidelines

Q: Can a DWI conviction be expunged in Alabama?

No. Alabama law specifically excludes DWI and reckless driving offenses from eligibility for expungement under the current statute (Act 2021-482).

Q: When is a DWI considered a felony in Alabama?

A DWI charge becomes a Class C felony if it is the fourth or subsequent conviction within a 10-year period. Felony penalties include imprisonment for 1 year and 1 day up to 10 years and fines up to $10,100.

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Understand Alabama’s DWI defense strategy, including grounds for a Motion to Dismiss, and the strict sentencing guidelines for first and subsequent DUI offenses. Learn about fines, jail time, and IID requirements.

Navigating an Alabama DWI Charge: Your Guide to Motions to Dismiss and Sentencing

Facing a Driving While Intoxicated (DWI), commonly referred to as Driving Under the Influence (DUI) in Alabama, is a serious legal matter with potentially life-altering consequences. The path from arrest to resolution is complex, involving strict administrative procedures, criminal court proceedings, and severe penalties upon conviction. Understanding the core legal mechanisms—specifically the strategic use of a Motion to Dismiss and the mandatory Alabama Sentencing Guidelines—is critical for anyone seeking to protect their rights and driving privileges.

This post delves into the legal grounds that may lead to a charge dismissal and provides a detailed breakdown of the penalties mandated by Alabama Code § 32-5A-191, ensuring you have a clear, professional overview of what to expect.

I. The Critical Role of a Motion to Dismiss in a DWI Case

A Motion to Dismiss is a powerful pre-trial filing where the defense argues that the prosecution’s case has a fundamental legal flaw, meaning the case should not proceed to trial, regardless of guilt or innocence. It challenges the legal validity of the charge itself, rather than disputing the facts of the case.

Legal Expert’s Tip: Focus on Procedural Flaws

In many DWI cases, a Motion to Dismiss or a Motion to Suppress Evidence is highly effective when procedural missteps or constitutional violations are proven. The focus shifts from the driver’s sobriety to the state’s compliance with the law.

Common grounds for filing a motion to dismiss in an Alabama criminal case include:

Insufficient Evidence: Arguing that, in its totality, the evidence is not enough to prove all elements of the offense beyond a reasonable doubt.
Statute of Limitations: The prosecution failed to file charges within the legally specified timeframe.
Violation of Speedy Trial Right: Unreasonable, unexcused delays have violated the defendant’s Sixth Amendment right to a speedy trial.
Double Jeopardy: Attempting to try a defendant for the same offense twice, prohibited by the Fifth Amendment.
Errors in Filing the Complaint: The charging document failed to follow specific procedures and cannot be corrected.

II. DWI-Specific Grounds for Dismissal and Suppression

Beyond general criminal grounds, DWI cases offer specific avenues for defense, primarily focused on challenging the methods law enforcement used to gather evidence. If evidence is suppressed (prevented from being used in court), the remaining evidence may be insufficient, leading to a de facto dismissal or acquittal.

Challenging Key Evidence (Motion to Suppress)

A motion to suppress is often a precursor to a motion to dismiss. Successful challenges include:

Illegal Traffic Stop: The officer lacked “reasonable suspicion” to stop the vehicle or “probable cause” to make an arrest. If the initial stop was unlawful, all subsequent evidence (FSTs, breathalyzer) is inadmissible.
Faulty Chemical Testing: Challenging the proper conduct or calibration of the breathalyzer device, or the handling of blood samples (chain of custody). Failure to observe the 20-minute no-eating/drinking rule prior to a breath test may also be grounds for exclusion.
Improper Actual Physical Control: Arguing the defendant was not in “actual physical control” of the vehicle while intoxicated, a required element of the crime under Alabama law.
Implied Consent Warnings Violation: If the officer misstates the mandatory wording of the implied consent warning, the BAC test results may be excluded.

III. Alabama DWI Sentencing Guidelines: Penalties for Conviction

If a motion to dismiss is denied, or a conviction is secured, Alabama has a mandatory, escalating penalty structure based on the number of prior convictions within a 10-year look-back period (measured from the date of the current offense back to the dates of prior convictions).

First Offense DWI Penalties (Misdemeanor)

Category	Penalty
Jail Time	Up to 1 year; Judges may impose a minimum of 48 hours.
Fines	Not less than $600 nor more than $2,100.
License Suspension	90 days. Suspension may be stayed with IID installation for 90 days.
Mandatory Programs	Court Referral Evaluation and DUI Education Program/Substance Abuse Treatment.
Probation	Mandatory probation is typically for two years.

Aggravating Factors & Enhanced Penalties

Certain factors automatically trigger double the minimum mandatory punishment, regardless of whether it’s a first, second, or third offense. These aggravating factors include:

A Blood Alcohol Concentration (BAC) of 0.15% or greater.
Refusal to submit to a chemical test (which also results in an administrative 90-day license suspension for a first refusal).
Having a child under the age of 14 as a passenger in the vehicle at the time of the offense.
Causing an accident resulting in injury or death.

Caution: Ignition Interlock Device (IID)

Alabama law mandates the installation of an IID even for a first offense if an aggravating factor is present (BAC ≥ 0.15%, refusal to test, or child passenger). It may also be required for the duration of a pre-trial diversion program.

IV. Alternative Paths: Diversion and Plea Negotiation

For first-time offenders, especially those with no prior criminal history, some Alabama jurisdictions may offer Pre-Trial Diversion or deferred prosecution programs.

These programs typically require the defendant to complete certain conditions in exchange for a charge reduction or outright dismissal. Conditions may include:

Enrollment and successful completion of a court-approved substance abuse treatment program.
Installation of an Ignition Interlock Device (IID) for the duration of the program.
Community service and payment of court costs/fines.

Case Snapshot (Anonymized)

A client charged with a first-offense DWI (BAC 0.09) in a Municipal Court had an otherwise clean record. The defense challenged the Field Sobriety Test procedures, arguing they were improperly administered. Due to the potential for litigation and lack of aggravating factors, the prosecution agreed to enroll the client in a Pre-Trial Intervention program. Upon successful completion of DUI school, probation, and payment of court costs, the DWI charge was formally dismissed, avoiding a permanent conviction record.

V. Summary of Key Legal Strategies and Penalties

Navigating an Alabama DWI charge requires a dual focus on defense strategy and preparing for potential sentencing. Here are the key takeaways:

A Motion to Dismiss focuses on fundamental legal flaws in the charge (e.g., statute of limitations, constitutional violation).
Challenging the legality of the traffic stop and the accuracy of the BAC test are critical pre-trial defense tactics aimed at suppressing evidence.
A First Offense conviction mandates severe penalties, including a fine of $600–$2,100, up to one year of jail time, and a 90-day license suspension.
Penalties are doubled if aggravating factors exist, such as a BAC of 0.15% or greater or having a child under 14 in the vehicle.
For eligible first-time offenders, exploring a Pre-Trial Diversion program can be a path to having the charge dismissed, though it typically requires IID installation and substance abuse treatment.

Actionable Takeaway: Don’t Wait

The clock starts ticking the moment you are arrested for DWI in Alabama. You have a very limited time (10 days) to request an administrative hearing to contest the automatic license suspension. Consulting with a dedicated Legal Expert immediately is essential to protect your administrative and criminal rights.

Frequently Asked Questions (FAQ)

Q: What is the look-back period for an Alabama DWI?

A: The look-back period for determining if a conviction is a subsequent offense is 10 years. This means any prior DWI conviction within the 10 years preceding the current offense will result in harsher sentencing.

Q: Can a DWI conviction be expunged in Alabama?

A: No. Alabama law specifically excludes DWI and reckless driving offenses from eligibility for expungement under the current statute (Act 2021-482).

Q: What is the penalty for refusing a chemical test in Alabama?

A: Under the implied consent law, refusing a chemical test results in an administrative license suspension of 90 days for a first refusal within five years. This penalty is separate from and in addition to any penalties for a DWI conviction.

Q: When is a DWI considered a felony in Alabama?

A: A DWI charge becomes a Class C felony if it is the fourth or subsequent conviction within a 10-year period. Felony penalties include imprisonment for 1 year and 1 day up to 10 years and fines up to $10,100.

Q: Is jail time mandatory for a first-offense DWI?

A: While the sentence allows for up to one year in jail, judges often impose probation. However, the law mandates a minimum of 48 hours jail time or 30 days of community service for a second offense, and 60 days of jail time for a third offense, which cannot be suspended. Aggravating factors may make jail time more likely for a first offense.

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Legal Disclaimer: This article was generated by an AI assistant and is intended for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The laws discussed, particularly the Alabama Code § 32-5A-191, are subject to change. For advice specific to your situation, you must consult with a qualified Legal Expert in Alabama.

DWI Alabama, Motion to Dismiss, Alabama Sentencing Guidelines, DUI Defense, First Offense DUI Alabama, Alabama DUI law, BAC, Ignition Interlock Device, Probation, License Suspension, Imprisonment, Fines, Aggravating Factors, Actual Physical Control, Field Sobriety Tests, Pre-Trial Diversion, Double Jeopardy, Right to Speedy Trial, Illegal Stop, Chemical Test Refusal

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