EXPLANATION OF RIGHTS AND PLEA OF GUILTY

DUI-Misdemeanors and Municipal Ordinance Violations

FOR OFFENSES COMMITTED ON OR AFTER JULY , 2018

CASE NUMBER:

____________________________________________

(Over 21 Years of Age .08 percent or more by weight of Alcohol in Blood)

IN THE _________________________COURT OF_____________________________, ALABAMA

(Municipal, Circuit,  or District)                                  (Name of County)

STATE OF ALABAMA v.         __________________________________________________________

                                 Defendant

TO THE ABOVE- NAMED DEFENDANT: The Court, having been informed that you wish to enter a plea of guilty in this case, hereby informs you of your rights as a defendant charged with a criminal offense.

 

PENALTIES APPLICABLE TO YOUR CASE

 

You are charged with the crime of DUI, which is a Class A Misdemeanor. Court has been informed that you desire to enter a plea of guilty to this offense. The sentencing range for the above crime(s) is set out below:

Number of offenses in last 5 years

Penalty

Driver’s License/Ignition Interlock

1st Offense

Up to 1 year in jail and a fine between $600 to $2100; no minimum suspended sentence

90 day suspension of license; Suspension stayed if the offender if ignition interlock device installed for 90 days.

2nd Offense

Up to 1 year in jail; Mandatory sentence of not less than 5 days or community service for not less than 30 days. Fine between $1,100 and $5,100;

Revoked license for 1 year; 24 months of ignition interlock device; Suspension/revocation stayed after 45 days if the offender if ignition interlock device installed for 24 months.

3rd Offense

Up to 1 year in jail; Mandatory sentence of not less than 60 days Fine between $2,100 and $10,100;

Revoked license for 3 years; 24 months of ignition interlock device; Suspension/revocation stayed after 60 days if the offender if ignition interlock device installed for 24 months.

Court Referral Requirement:  Any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program.

Enhancements (check which applicable):

Cost of ignition interlock?

This guilty plea form does not apply to:

RIGHTS YOU HAVE AND THE WAIVER OF YOUR RIGHTS

 

Under the Constitution of the United States and the Constitution and laws of the State of Alabama, you have a right to remain silent and you may not be compelled to give evidence against yourself. Your attorney cannot disclose any confidential talks he/she has had with you. You do not have to answer any questions. If you do answer questions knowing that you have a right to remain silent, you will have waived this right.

 

You have the right to enter, or stand on if previously entered, a plea of “Not Guilty” or “Not Guilty by Reason of Mental Disease or Defect,” or “Not Guilty and Not Guilty by Reason of Mental Disease or Defect” and have a public trial before a duly selected jury. The jury would decide your guilt or innocence based upon the evidence presented before them. If you elect to proceed to trial, you would have the right to be present, you would have the right to have your attorney present to assist you, you would have the right to confront and cross examine your accuser(s) and all the State’s witnesses, you would have the right to subpoena witnesses to testify on your behalf and to have their attendance in court and their testimony required by the court, and you would have the right to take the witness stand and to testify, but only if you chose to do so, as no one can require you to do this. If you elect to testify, you can be cross examined by the State just as any other witness is subject to cross examination. If you elect not to testify, no one but your attorney will be allowed to comment about that fact to the jury. Your attorney is bound to do everything he/she can honorably and reasonably do to see that you obtain a fair and impartial trial.

 

If you elect to proceed to trial, you come to court presumed to be innocent. This presumption of innocence will follow you throughout the trial until the State produces sufficient evidence to convince the jury (or the court if the trial is non-jury) of your guilt beyond a reasonable doubt. You have no burden of proof in this case. If the State fails to meet its burden, you would be found not guilty.

 

If you are not a United States citizen, a guilty plea may subject you to adverse immigration consequences, including deportation (see 8 U.S.C. § 1227), exclusion from reentry to the United States and amnesty, and that the appropriate consulate may be informed of the plea and conviction.

 

If you plead guilty, there will be no trial. You will be waiving the rights outlined above, except your rights relating to representation by an attorney. The state will have nothing to prove and you will stand guilty on your guilty plea. By entering a plea of guilty, YOU WILL ALSO WAIVE YOUR RIGHT TO APPEAL, unless in appeals to the Court of Criminal Appeals or the Supreme Court (1) you have, before entering the plea of guilty, expressly reserved the right to appeal with respect to a particular issue or issues, in which event appellate review shall be limited to a determination of the issue or issues reserved, or (2) you have timely filed a motion to withdraw the plea of guilty after pronouncement of sentence on the ground that the withdrawal is necessary to correct a manifest injustice, and the court has denied your motion to withdraw your plea, or the motion has been deemed denied by operation of law.

IF YOU HAVE A RIGHT TO APPEAL UNDER ONE OF THE CONDITIONS ABOVE AND YOU ARE DETERMINED BY THE COURT TO BE INDIGENT, COUNSEL WILL BE APPOINTED TO REPRESENT YOU ON APPEAL IF YOU SO DESIRE AND IF THE APPEAL IS FROM A CIRCUIT COURT JUDGMENT OR SENTENCE. A COPY OF THE RECORD AND REPORTER’S TRANSCRIPT WILL BE PROVIDED AT NO COST TO YOU. IF THE APPEAL IS FROM A MUNICIPAL OR DISTRICT COURT JUDGMENT TO CIRCUIT COURT, YOU HAVE A RIGHT TO DEMAND A JURY TRIAL IF YOU INDICATE YOUR WISH TO ASSERT THIS RIGHT ON THE NOTICE OF APPEAL.

 

IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS OR THE CONSEQUENCES OF PLEADING GUILTY, PLEASE LET THE COURT KNOW NOW AND FURTHER EXPLANATION WILL BE MADE.

 

The court having personally addressed the defendant determines that the defendant has entered the plea voluntarily.

_______________________________________________                _______________________________________________

 

Date                                                                                                          Judge

 

ATTORNEY'S CERTIFICATE

 

I certify that the above was read and/or explained to the defendant by me; that I explained the penalty or penalties to the defendant, that I discussed in detail the defendant’s rights and the consequences of pleading guilty; and that, in my judgment, the defendant understands the same and that he/she is knowingly, voluntarily, and intelligently waiving his/her rights and entering a voluntary and intelligent plea of guilty. I further certify to the court that I have in no way forced or induced the defendant to plead guilty and, to my knowledge, no one else has done so.

 

_______________________________________________                _______________________________________________

 

Date                                                                                                          Attorney

 

 

DEFENDANT’S STATEMENT OF WAIVER OF RIGHTS AND PLEA OF GUILTY

I certify to the court that I have read the matters set forth above or have had them read to me; that my rights have been discussed with me in detail and fully explained; that I understand the charge or charges against me; that I understand my rights, the punishment or punishments provided by law as may apply to my case, and I understand the consequence of pleading guilty; that I am not under the influence of any drugs, medicines, or alcoholic beverages; and I have not been threatened or abused or offered any inducement, reward, or hope of reward to plead guilty other than the terms of the plea agreement which will be stated on the record.

 

I further state to the court that I am guilty of the charge to which I am entering a plea of guilty, that I desire to plead guilty, that I made up my own mind to plead guilty, and that I knowingly, intelligently, and voluntarily waive my right to a trial in this case. I further state to the court that I am satisfied with my attorney’s services and his/her handling of my case.

 

_______________________________________________                _______________________________________________

 

Date                                                                                                          Defendant

Request for Indigent Status for Interlock:

ALEA requires each approved manufacturer to provide up to 5% of that manufacturers’ market share for indigent use. Paragraph (i)(5). Any manufacturer who fails to meet the five percent threshold shall be subject to a $500 civil penalty for each indigent defendant that is not afforded a free interlock.

Defendant has attached a copy of an Affidavit of Substantial Hardship and Order.

 ORDER OF COURT

IT IS THEREFORE, ORDERED, AND ADJUDGED BY THE COURT AS FOLLOWS:

_______________________________________________                _______________________________________________

 

Date                                                                                                          Judge