Overview: A Path to Case Dismissal
The Alabama DUI change of plea diversion program—often known as the Pretrial Diversion (PTD) or Deferred Prosecution Program—offers a rigorous, conditional alternative to a traditional DUI conviction. It is generally available only to first-time offenders who meet extremely strict criteria. Successful completion can result in your guilty plea being set aside and the original charges dismissed, preventing a permanent criminal record.
Understanding the Alabama DUI Deferred Prosecution Program (PTD)
Facing a Driving Under the Influence (DUI) charge in Alabama can be a stressful and life-altering experience. A conviction carries severe mandatory penalties, including jail time, heavy fines, and driver’s license suspension. For eligible individuals, however, Alabama’s Pretrial Diversion (PTD) program for DUI offers a chance to avoid these long-term consequences by addressing the underlying issues that led to the arrest.
This program operates on a principle of deferred adjudication. Instead of proceeding directly to trial or traditional sentencing, the defendant and the District Attorney’s office enter into a binding, written agreement. This critical step often involves a “change of plea” component where the individual must enter a formal plea of guilty to the DUI charge, but the court withholds the final judgment and sentencing. The case is then placed on an administrative docket for the duration of the program.
What Does “Change of Plea” Mean Here?
In the context of DUI diversion, entering a plea of guilty is a condition of admission, not a final conviction. By doing so, you agree that if you fail to complete any of the program’s requirements, the court can immediately accept the standing guilty plea, adjudicate you guilty, and impose the full statutory sentence without a trial. This mechanism ensures the program maintains a “ZERO TOLERANCE” policy for non-compliance.
Strict Eligibility Requirements for DUI Diversion
Acceptance into a DUI diversion program is a privilege, not a right, and eligibility criteria are exceedingly stringent, often varying slightly by county (e.g., Jefferson County, Lee County). The program is primarily designed for first-time offenders. Meeting the basic criteria does not guarantee admission, as the District Attorney retains broad discretion.
| Requirement | Details |
|---|---|
| Offense Type | Charged with DUI under Alabama Code §32-5A-191 subsections (a) or (b). |
| Prior Record | No prior lifetime arrests, charges, or convictions for DUI. No prior felony convictions. Limited (typically no more than three) moving violations in the preceding 12 months. |
| BAC Level | Blood Alcohol Content (BAC) must be less than 0.15% at the time of arrest. |
| Aggravating Factors | No passenger under the age of 18 in the vehicle. The arrest did not occur in a school or construction zone. No attempt to elude law enforcement. |
| Plea/Waiver | Must enter a guilty plea and waive any rights to appeal that plea. Must plead guilty to all accompanying moving violations. |
Key Obligations During Deferred Prosecution
If your application is granted, you will work with a PTD Coordinator to establish an individualized, written agreement detailing your obligations and the program’s length, which is typically a minimum of six months and can extend up to a year. These requirements are designed to be intensive and focus on rehabilitation and accountability.
- Substance Abuse Treatment and Testing: You must complete an intake assessment immediately upon admission and comply with all drug and alcohol testing, counseling, and treatment requirements. This can include certified drug or alcohol addiction evaluation and treatment.
- Community Service and Fines: Participants are required to pay all court costs and program fees, as well as complete a set number of hours of approved community service.
- General Compliance: The agreement will contain numerous behavioral terms, such as refraining from using alcohol or drugs, maintaining employment, and avoiding contact with certain individuals or premises.
Crucial Requirement: The Ignition Interlock Device (IID)
For any DUI arrest occurring after July 1, 2018, Alabama law mandates that if a citizen enters a diversion program, they must have an approved ignition interlock device (IID) installed in their vehicle.
The minimum duration for the IID installation is six months or the length of the diversion program, whichever is longer. This requirement helps stay any license suspension and allows the offender to be issued an interlock-restricted driver’s license.
Successful Completion vs. Termination
Positive Outcome: Case Dismissal
Upon successful fulfillment of all terms and conditions of the PTD agreement, the District Attorney’s office will file a Motion to Nol Pros or dismiss the pending charges with prejudice.
The court will then set aside your guilty plea, and the case will be dismissed. This outcome is the primary benefit, as it means you avoid a criminal conviction on your record, thereby limiting the impact on employment, housing, and other opportunities.
Negative Outcome: Adjudication and Sentencing
The program operates under a zero-tolerance policy. Any violation of the terms—such as a failed drug test, a new arrest, or failure to pay fees—can result in immediate termination.
If terminated, the deferred plea of guilty is entered as a final adjudication of guilt. The court will then impose the appropriate punishment or sentence for a DUI conviction, and the defendant forfeits all previously paid fees and costs.
Case Example of Diversion Success
A hypothetical case, State v. J.D. (Anonymized for privacy), involved a first-time DUI offender whose BAC was 0.10%. J.D. had no prior criminal history and was fully cooperative during the arrest. Upon application, the District Attorney granted J.D. entry into the DUI Deferred Prosecution Program. J.D. entered a guilty plea, which the court deferred. Over the next seven months, J.D. completed 100 hours of community service, paid all mandated fees and court costs, successfully completed a court-mandated substance abuse treatment program, and maintained the Ignition Interlock Device on his vehicle for the required period. Upon the District Attorney’s filing of a Motion to Nol Pros (Dismiss), the court set aside the guilty plea and dismissed the DUI charges. J.D. avoided a permanent DUI conviction, a critical benefit for his professional career.
Summary: Is DUI Diversion the Right Choice?
The Alabama DUI diversion program is a powerful tool for eligible first-time offenders to mitigate the severe consequences of a conviction. It demands total compliance, responsibility, and commitment to rehabilitation, offering a dismissal of charges as the ultimate reward.
- Conditional Guilty Plea: Admission requires entering a guilty plea to the DUI charge, which is withheld from final adjudication pending successful completion.
- Strict Requirements: Eligibility is limited to first-time offenders, often requiring a BAC under 0.15% and no other aggravating factors like a minor passenger.
- Mandatory IID: All post-2018 DUI diversion participants must install and maintain an Ignition Interlock Device for a minimum of six months.
- Zero Tolerance Risk: Failure to complete any term results in immediate adjudication of guilt and sentencing.
- Potential Dismissal: Successful completion leads to the guilty plea being set aside and the DUI case being dismissed, preventing a conviction.
The Bottom Line on DUI Diversion
If you are facing an Alabama DUI charge, the possibility of a deferred prosecution program is one of the most significant legal options available to protect your future. Given the strict eligibility rules, the complex application process, and the potential for a mandatory guilty verdict upon failure, securing guidance from a local Alabama Legal Expert who focuses on DUI defense is highly recommended. They can assess your specific case facts against the county’s criteria and help navigate the detailed PTD agreement and court procedures.
Frequently Asked Questions (FAQ)
Q: Who is eligible for the DUI Deferred Prosecution Program?
A: Generally, the program is for first-time DUI offenders who were cooperative, had a BAC under 0.15%, and had no aggravating factors like a child passenger or serious injury involved. Prior felony convictions or prior participation in any diversion program are typically disqualifying.
Q: What happens if I fail to complete the diversion program?
A: Since you enter a guilty plea upon admission, failure to complete any program term (e.g., missed payment, failed test) results in immediate termination. The court then accepts the guilty plea, adjudicates you guilty of the DUI, and imposes the full mandatory sentence and penalties.
Q: How long does the DUI diversion program last?
A: The minimum term is often six (6) months, but the period can be extended up to one (1) year depending on the individualized agreement and requirements set by the District Attorney or the supervising agency.
Q: Is the Ignition Interlock Device (IID) always required?
A: Yes. For any DUI arrest occurring after July 1, 2018, Alabama law requires the installation of an IID for at least six months for anyone who enters a pretrial diversion program for DUI. The participant is responsible for all costs associated with the device.
This content has been generated by an artificial intelligence model and is provided for informational purposes only. It is not a substitute for professional legal advice or consultation with a qualified Alabama Legal Expert. Laws, eligibility requirements, and program guidelines can vary by county and are subject to change, especially concerning Alabama Code § 12-17-226.6 and § 32-5A-191. Always consult with a qualified legal professional regarding your specific situation.
Alabama DUI diversion program, DUI Deferred Prosecution, Pretrial Diversion Program, first-time DUI offender, DUI guilty plea, deferred adjudication, ignition interlock device, Alabama Code §32-5A-191, DUI penalties, license suspension, criminal defense, Alabama legal expert, charge dismissal, PTD agreement, DUI eligibility
Please consult a qualified legal professional for any specific legal matters.