DUI DEFERRED PROSECUTION IN ALABAMA

DUI DEFERRED PROSECUTION

Can I Get DUI Deferred Prosecution On An Alabama Drunk Driving Charge?

The issue of DUI deferred prosecution is complicated due to the many factors involved in any individual case. For the most complete answer contact the DUI attorneys at Bradford Ladner LLP at 205-802-8823 or info@bradfordladner.com.

The following factors will influence whether or not you would be eligible for DUI deferred prosecution:

JURISDICTION – WHERE YOU RECEIVED YOUR DUI TICKET

A DUI ticket is a misdemeanor charge. Misdemeanor charges are handled city municipal courts or county district courts, depending on where the ticket is written. If you receive your DUI inside the police jurisdiction of an Alabama city, your ticket will typically be handled by the city’s municipal court system. If your ticket is written by a county deputy sheriff or by a state trooper in an unincorporated portion of the county your DUI ticket will typically be handled by the county’s district court.

In the Birmingham, Alabama area, deferred prosecution is offered in many municipal courts, including but not necessarily limited to: Mountain Brook Municipal Court; Hoover Municipal Court; Homewood Municipal Court; Vestavia Hills Municipal Court; Birmingham Municipal Court; Adamsville Municipal Court; as well as others. Jefferson County District Court now offers a deferred prosecution program.

Not all municipal courts or district courts in the state of Alabama offer deferred prosecution programs. If the municipal court for district court handling your DUI ticket offers a deferred prosecution program your criminal defense attorney will be able to speak with the prosecutor regarding your eligibility for DUI deferred prosecution.

PRIOR TICKETS – YOUR DRIVING HISTORY

Another factor affecting your eligibility for DUI deferred prosecution is your driving history. Typically, only first time DUI offenders are eligible for deferred prosecution. Additionally, if you have a high number of past tickets on your driving record, many jurisdictions will not offer deferred prosecution. In Alabama, tickets and traffic violations stay on your driving record for a period of five years. However, the prosecutor will be able to review your entire driving history, even beyond the five year period. Even though a prior ticket or DUI is older than five years, a prosecutor will take into consideration any prior DUI in making a determination whether you are eligible for DUI deferred prosecution.

THE SEVERITY OF YOUR DUI TICKET

Some DUI offenses are worse than others. The higher the blood alcohol content the more severe the offense will be considered in relation to a decision as to DUI deferred prosecution. Additionally, whether there is an automobile accident involved, whether there were any injuries, whether there were minor children in the car with you at the time, and your interaction with the arresting officer are all things that can affect the decision to offer or not offer DUI deferred prosecution.