Understand the critical process of an Alabama DUI change of plea, including the serious penalties, the role of plea bargaining, mandatory minimum sentences under Alabama Code § 32-5A-191, and the procedures for withdrawing a guilty plea. Learn about deferred prosecution and the long-term impact of a DUI conviction.
Facing a Driving Under the Influence (DUI) charge in Alabama is a serious legal challenge that requires careful navigation. The decision to enter a plea—whether not guilty or guilty—is one of the most consequential steps in the criminal justice process. For many defendants, the ultimate resolution involves a change of plea from not guilty to guilty, often as part of a strategic agreement to mitigate the mandatory minimum penalties and other serious consequences imposed by Alabama law.
Alabama’s DUI statute, codified in Alabama Code § 32-5A-191, establishes stringent punishments that escalate significantly with each subsequent offense within a ten-year period. Understanding the full weight of these potential penalties is crucial before agreeing to any plea arrangement.
The first crucial step in the court process is the arraignment, where the defendant is formally charged and asked to enter a plea. In Alabama, the options are straightforward: guilty or not guilty. It is important to know that Alabama law does not recognize or authorize the plea of nolo contendre (no contest). If a defendant refuses to enter a plea, the court will automatically enter a plea of not guilty, and the case will be set for trial.
However, the majority of DUI cases are resolved through plea bargaining, which involves negotiations between the defense and the prosecution. A plea deal is essentially a trade: the defendant agrees to change their plea from not guilty to guilty, and in exchange, the prosecution may offer concessions.
When a guilty plea is accepted and adjudication is entered (meaning the plea results in a conviction), the penalties are severe and mandatory under Alabama law. The severity is determined by the number of prior convictions within the last ten years.
| Offense Level | Jail/Imprisonment | Fines | License Action & IID |
|---|---|---|---|
| 1st Conviction (within 10 years) | Up to 1 year (suspended sentence common) | $600 to $2,100 | 90-day suspension; minimum 6 months IID |
| 2nd Conviction (within 10 years) | Mandatory minimum 5 days or 30 days community service | $1,100 to $5,100 | 1-year revocation; mandatory 2 years IID |
| 3rd Conviction (within 10 years) | Mandatory minimum 60 days | $2,100 to $10,100 | 3-year revocation; mandatory 3 years IID |
| 4th/Subsequent (lifetime) | Class C Felony; mandatory minimum 1 year and 1 day in prison, with 10 days to serve | $4,100 to $10,100 | 5-year revocation |
Penalties are doubled on a first conviction if your Blood Alcohol Concentration (BAC) was 0.15% or higher, if a minor under 14 was a passenger, or if you refused a chemical test. These factors may severely limit the options available in any plea negotiation.
A “change of plea” may also be required to enter a pre-trial diversion program, such as a DUI Deferred Prosecution Program available in some Alabama municipalities. This program is sometimes called “reverse probation”.
In this scenario, a defendant often enters a guilty plea, but the court agrees to withhold adjudication and sentencing. The defendant then undergoes a period of obligations, which can include counseling, treatment, random drug/alcohol testing, and community service. If the defendant successfully completes all requirements, the guilty plea is set aside, and the DUI charge is dismissed.
For DUI arrests occurring after July 1, 2018, citizens who participate in a diversion program are required to have an Ignition Interlock Device (IID) installed in their vehicle for a period of six months or the length of the program, whichever is longer. Furthermore, if the offender fails to successfully complete the Deferred Prosecution Program, the court will proceed with a final adjudication on the original guilty plea, and the individual will be sentenced for a DUI conviction.
After a defendant has entered a guilty plea, it is not uncommon for them to reconsider their decision, particularly once the full implications of the conviction are understood. In Alabama, there is a specific procedure for attempting to withdraw a guilty plea outlined in Rule 24 of the Alabama Rules of Criminal Procedure.
A Motion to Withdraw Guilty Plea must generally be filed within a limited time frame, often 30 days after sentencing. To succeed, the defendant carries the burden of proving “good cause” by clear and convincing evidence, which is a high legal standard.
Circumstances that may constitute “good cause” include:
If the motion is granted, the original plea agreement is nullified, and the defendant can enter a not guilty plea to proceed with a defense. If the motion is denied, the case moves to sentencing based on the conviction.
The decision to change a plea in an Alabama DUI case is complex and carries profound, long-lasting consequences. It is an inflection point that can determine whether you face mandatory jail time, a lengthy license suspension, or the potential for dismissal through a diversion program.
The ultimate goal of a strategic plea decision is to minimize the long-term impact on your life. A DUI conviction stays on your record for life, affecting employment opportunities, auto insurance rates, and future legal matters. Given the mandatory minimum sentencing structure, seeking guidance from an experienced Alabama Legal Expert is the most critical step to explore all defense avenues, assess plea deal viability, and navigate the complex procedures for both the criminal case and the administrative license suspension process.
A: No. Alabama law does not authorize or recognize the plea of nolo contendre (no contest). A defendant in a criminal case, including a DUI, can only plead guilty or not guilty.
A: The court-ordered conviction results in the suspension of your driving privilege for 90 days. Additionally, you will be required to have an approved Ignition Interlock Device (IID) installed on your vehicle for a minimum of six months after license reinstatement.
A: Immediately. A DUI arrest triggers an administrative license suspension process separate from the criminal case. You have only 10 days from the date of arrest to request an administrative hearing to challenge the automatic suspension of your license.
A: The main benefit is the ultimate dismissal of the DUI charge upon successful completion of the program, setting aside the guilty plea and avoiding a conviction on your criminal record. This is a significant advantage over a final adjudication of guilt.
This post is for informational purposes only and is not legal advice. DUI law is complex and constantly evolving. This content was generated by an AI and should not be used as a substitute for consulting with a qualified Legal Expert who is licensed in the State of Alabama. Laws referenced, such as Alabama Code § 32-5A-191, are subject to legislative changes and judicial interpretation.
Alabama DUI, DUI Change of Plea, DUI Penalties, Alabama Code 32-5A-191, Withdrawing Guilty Plea, DUI Deferred Prosecution, DUI Mandatory Minimums, License Suspension, Ignition Interlock Device, Criminal Procedure, Guilty Plea, Not Guilty Plea, Court Rules, Legal Procedures, Trials & Hearings, BAC Limit, Reckless Driving
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