Categories: Court Info

Your Guide to Alabama’s DUI Pre-Trial Diversion Programs

Post Overview & Key Takeaways

A Driving Under the Influence (DUI) charge in Alabama is a serious criminal matter, but it does not always have to result in a permanent conviction. For eligible first-time offenders, the state and various municipalities offer an alternative path: the Pre-Trial Diversion (PTD) Program.

This post clarifies the structure of these programs, often colloquially referred to as “jury selection diversion,” and details the critical conditions, including the waiver of rights, mandatory Ignition Interlock Device (IID) requirement, and the ultimate goal of having the DUI charge dismissed (Nolle Prossed) upon successful completion.

Understanding Alabama’s DUI Pre-Trial Diversion

A DUI arrest in Alabama can lead to mandatory jail time, steep fines, and the suspension of your driver’s license. Pre-Trial Diversion (PTD) programs, also known as Deferred Prosecution Programs, offer a rehabilitative path designed to hold first-time offenders accountable while helping them avoid the long-term consequences of a criminal conviction.

Instead of proceeding through the traditional court process toward a trial, eligible defendants are “diverted” into a structured, supervised program for a specified period, typically ranging from six months to one year. The specific rules are established by the local District Attorney’s office, operating under state law, such as the Alabama Code § 12-17-226.10 et. al..

Key Point: PTD is a Privilege, Not a Right

Admission into any DUI Pre-Trial Diversion program is not automatic. It is offered entirely at the discretion of the prosecutor or District Attorney, who acts as the “gatekeeper” to the program.

The Critical Waiver: Why “Jury Diversion” is a Misnomer

The phrase “DWI jury selection diversion program” often arises because a central, non-negotiable requirement for entering PTD is the voluntary waiver of certain fundamental rights. Specifically, you must agree to waive your right to a speedy trial and, most notably, your right to a jury trial.

The Conditional Guilty Plea

To be accepted into the program, the defendant is typically required to enter a “conditional” or written plea of guilty to the DUI charge.

Plea Entered: You admit guilt, and the plea is accepted by the court.
Adjudication Withheld: The court then withholds the final judgment (adjudication) and sentencing, pending your successful completion of the PTD program.
Waiver of Defenses: You also sign an agreement that allows your statement of guilt to be used against you if you fail the program.

By entering this plea and waiving your trial rights, you are “diverting” your case from the trial track (which includes jury selection) into the rehabilitation track, hence the perceived connection to “jury diversion”.

Eligibility and Program Requirements for DUI PTD

While requirements vary by county (e.g., Jefferson, Lee, or city courts), most Alabama PTD programs for DUI charges adhere to strict statewide standards for eligibility and participation.

1. General Eligibility Criteria (First-Time Offenders)

Applicants for the DUI Deferred Prosecution Program must generally meet all of the following criteria:

You must be charged with DUI under Alabama Code §32-5A-191 subsections (a) or (b).
You must have never been previously arrested for, charged with, or convicted of a DUI offense.
Your Blood Alcohol Content (BAC) was often required to be less than 0.15% at the time of the arrest.
You had no passengers under the age of 18 in the vehicle.
The offense did not occur in a school or construction zone, or any similar high safety risk area.
You have no prior felony convictions or convictions for crimes of violence.

2. Mandatory Program Conditions

Once accepted, the requirements are rigorous and comprehensive. The program is often administered as a “ZERO TOLERANCE” policy, meaning noncompliance with any rule can result in immediate termination.

Ignition Interlock Device (IID) Requirement

For any DUI arrest occurring after July 1, 2018, Alabama law mandates that if an individual enters a diversion program, they are required to have an Ignition Interlock Device (IID) installed in their vehicle. The IID must remain installed for a minimum of six months, or for the entire length of the diversion program, whichever is longer. The participant is responsible for all associated costs, including installation and monthly fees.

Obligation	Details
Treatment & Education	Completion of the Alabama Court Referral Officer (CRO) Program and mandatory substance abuse counseling or treatment.
Fees & Costs	Payment of all application fees, program fees, and court costs, which can total over $1,000.
Supervision & Testing	Submission to periodic or random drug and alcohol testing and compliance with supervision requirements.
Community Service	Mandatory completion of community service hours.

The Outcome: Dismissal or Conviction

The PTD program is an all-or-nothing proposition. The outcome hinges entirely on your adherence to the strict, zero-tolerance conditions.

Success: Case Dismissal

Upon successful completion of all obligations—including treatment, community service, fee payment, and the IID period—the District Attorney’s office will file a Motion to Nolle Pros (voluntarily discontinue prosecution).

Your original guilty plea is then set aside, the case is dismissed, and you avoid a permanent DUI conviction. This makes you eligible to petition the court to have your arrest record expunged or sealed.

Failure: Final Conviction

If you are terminated from the program for non-compliance, the conditional guilty plea you previously entered becomes a final adjudication of guilt.

The court will immediately impose the sentence, which can include jail time, heavy fines, and a formal DUI conviction on your criminal record. All fees and costs paid to the program are also forfeited.

Summary of DUI Diversion in Alabama

Navigating the criminal justice system after a DUI arrest can be overwhelming. Alabama’s Pre-Trial Diversion programs offer a pathway to rehabilitation and a clean record, but they require total commitment and the waiving of key legal rights.

PTD Replaces Trial: The program is an alternative to a jury trial, requiring the defendant to waive their right to trial and enter a conditional guilty plea.
Strict Eligibility: It is primarily for first-time offenders with BAC levels generally under 0.15% and no aggravating factors like an accident or child passenger.
IID is Mandatory: A required Ignition Interlock Device installation for at least six months is a critical financial and logistical component of the program.
Dismissal Upon Completion: Successful adherence to all terms results in the DUI charge being dismissed (Nolle Prossed), avoiding a conviction.
Zero Tolerance Risk: Failure to complete any condition results in a certain guilty conviction based on the initial plea.

Card Summary: Is DUI Diversion Right for You?

If you are a first-time DUI offender in Alabama, a Pre-Trial Diversion program is likely your best opportunity to protect your future employment and driving record. However, the program is demanding, expensive, and requires you to admit guilt up front. You must be prepared to commit fully to the IID, counseling, and all fees. Consulting with an experienced Legal Expert before applying is essential to review your case for potential defenses and confirm your eligibility, ensuring you maximize your chances of a successful dismissal.

Frequently Asked Questions (FAQ)

Q: What is the main difference between PTD and a traditional trial?

A: A traditional trial involves presenting a defense to a judge or jury. PTD involves a waiver of the right to that trial and a conditional guilty plea, in exchange for the chance to have the charge dismissed after completing mandated education, treatment, and supervision.

Q: Is the Ignition Interlock Device (IID) required for all DUI PTD cases?

A: Yes. For DUI arrests that occurred after July 1, 2018, Alabama law mandates the IID be installed for at least six months or the duration of the diversion program.

Q: Can I get my DUI arrest record expunged after completing the program?

A: If you successfully complete the program, the case is dismissed (Nolle Prossed). This makes you eligible to petition the court to have your arrest and court records sealed or expunged, effectively clearing your criminal record of the incident.

Q: What happens if I miss a required counseling session?

A: PTD programs in Alabama are often “ZERO TOLERANCE.” A single failure to comply with any requirement, such as missing a session or failing a drug test, can lead to immediate termination, at which point you are adjudicated guilty and sentenced on the original conditional plea.

DISCLAIMER: This content is for informational purposes only and is not legal advice. Laws regarding DUI, DWI, Pre-Trial Diversion, and expungement in Alabama are complex and change frequently. The specifics of any program, including fees and eligibility, are determined by the local District Attorney or City Prosecutor’s office and the specific facts of your case. You must consult with a qualified Legal Expert to discuss your individual circumstances and legal options. This information was generated by an AI assistant.

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