Alabama DUI Process

The Alabama DUI Criminal Arrest and Court System Explained

There are two separate cases that arise from a DUI arrest in Alabama - a criminal case filed by the state and a civil case filed by the Alabama Department of Public Safety. Listed below is information concerning the criminal DUI process, including a description of what to expect at each stage of the criminal process. To find out more about the civil administrative review process, see the Alabama Driving page.

ARREST, BOOKING, AND RELEASE

The first stage in any DUI case in Alabama is the arrest. An Alabama DUI offender will be taken into custody and asked to submit to chemical tests of his/her blood, breath, or urine to determine his/her BAC. Miranda and Implied Consent rights will be read. The booking process consists of the suspect being fingerprinted, searched, and placed into a holding cell. Offenders will be held until they are eligible for release. Alabama law requires DUI offenders with BAC results over .08 to be held until their BAC is below the legal limit. If eligible, a suspect may be released on his own recognisance with a promise to appear in court. If bond is required, release will be made upon postage of the requisite bond amount. If ineligible for release, DUI offenders will be held in custody until their case has been resolved.

ARRAIGNMENT

The first court appearance following a DUI arrest is called the Arraignment. At this hearing, the DUI offender will go before the judge, who will read the official charges and ask him/her to enter a plea. If a plea of guilty is entered, the judge will impose a sentence. If a plea of not guilty is entered, the case will be set for trial.

PRELIMINARY HEARING

If charged with a felony DUI offense in Alabama, a preliminary hearing will be held within a short of the arraignment. A the preliminary hearing, the judge will determine whether there is enough evidence to support the felony DUI charge. If the judge determines there is not enough evidence to support the charge(s), the case will be dismissed. If sufficient evidence exists, then the case will be set for trial.

PRETRIAL HEARING/CONFERENCE

The purpose of pretrial hearings are to update the judge on the status of your case. Issues with discovery and scheduling conflicts may be addressed. The pretrial conference is an opportunity for your attorney to engage in plea negotiations with the prosecutor. If negotiations are successful, the plea will be entered on the record and the sentence will be imposed. If a plea agreement is not achieved, then the case will proceed to trial.

PRETRIAL MOTIONS

If your attorney wishes to have certain issues resolved prior to trial, such as the admissibility of evidence, then he/she will file motions with the court. A hearing on the motions will be held. At the motion hearing, your attorney may present evidence and cross examine the police officers that were involved in your case. Expert witness testimony may also be heard. The most common motions in DUI trials involve motions to suppress evidence, such as chemical test results. If a motion to suppress is granted, then that evidence will not be admissible against you in trial.

TRIAL

There are two types of trials that are held in Alabama DUI cases - jury trials and bench trials. In jury trials, issues of law will be determined by the judge, while issues of fact are left for the jury to decide. In bench trials, there is no jury. Instead, the judge will act as both judge and jury, determining the issues of law as well as the issues of fact in each case. Which trial you will have depends on the nature of your charges and the court in which they were filed. Misdemeanor DUI cases are tried in the Municipal and District courts, where there is no right to a trial by jury. As such, bench trials are the only option available to misdemeanor DUI offenders who wish to exercise their right to take their case to trial. Municipal and District courts do not have jurisdiction to hear felony DUI cases. Felony DUI cases are heard in circuit court, where the right to a trial by jury is available.

If the outcome of the trial is a verdict of not guilty, the case will be dismissed and the charges will be dropped. If a guilty verdict is returned, the judge will impose a sentence.

APPEAL

Misdemeanor Alabama DUI convictions may be appealed to the Circuit Court, so long as a request for an appeal is made timely. Failure to file a request for an appeal within 14 days of the lower courts decision will result in the waiver of the right to appeal the case. Misdemeanor cases will be appealed to the circuit court, where the case will be tried again. A jury trial will now be available, but the DUI offender has the option of having another bench trial held. The outcome of the Circuit Court decision may be appealed to the Alabama Appellate Courts or Federal Courts for further review.