DUI - Sentencing Order (Misdemeanors And Municipal Ordinance Violations) {CR-54}

State of Alabama Unified Judicial System Form CR-54 Rev.7/2000 DUI SENTENCING ORDER (Misdemeanors and Municipal Ordinance Violations) (Over 21 Years of Age .08 percent or more by weight of Alcohol in Blood) Case Number IN THE______________________________________COURT OF_____________________________________, ALABAMA (Circuit or District) (Name of County) State of Alabama v.__________________________________________________________________________ Defendant Page Number 1 of 3 pages DATE JUDGE'S INITIALS ACTIONS, JUDGMENTS, CASE NOTES The defendant, with his/her attorney present, and counsel for the State of Alabama appeared in open court for the defendant to be sentenced on his/her conviction of driving or being in actual physical control of a motor vehicle while under the influence of alcohol and/or controlled substances in violation of §32-5A-191 (a) ( ), Ala. Code 1975. PRIOR DUI CONVICTIONS The State and the defendant stipulate or the State has proven that the defendant has been previously convicted for the offense of driving while under the influence of alcohol, controlled substances, or both, in violation of §32-5A-191, Ala. Code 1975, ( within a 5 year period) for second offenders only wherein the defendant was represented by counsel or waived counsel: None __________ prior convictions. SENTENCING HEARING The court conducted a sentencing hearing with the defendant and his/her attorney present. A pre-sentence report was request by the defendant state court and considered by the court. The court asked the defendant if he/she had anything to say as to why the sentence of law should not be imposed against him/her, and the defendant had/his her say, the defendant had nothing to say.* IMPOSITION OF SENTENCE First Conviction: Imprisonment not more than one year and/or by fine of not less than $600 nor more than $2,100 and suspension of driver's privilege or license for a period of 90 days.* Second Conviction within a 5-year period: Imprisonment, which may include hard labor, for not more than one year (include a mandatory minimum sentence of imprisonment which may not be suspended or probated for not less than 5 days OR not less than 30 days of community service) and a fine of not less than $1,100 nor more than $5,100 and revocation of driver's privilege or license for 3 years.* Imprisonment, which may include hard labor, for not less than 60 days nor more than one year (includes a minimum mandatory sentence of 60 days imprisonment which cannot be probated or suspended) and fine of not less than 30 days of community service) and a fine of not less than $1,100 and revocation of driver's privilege or license for 3 years. Third Conviction: Note: Pursuant to §32-5A-191 (n), Ala. Code 1975, if any person is convicted of this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the above minimum punishments. IMPRISONMENT The defendant is sentenced to the ___________________________________ County Jail ___________________________________ Municipal Jail for a period of one year _______ month(s) _______ day(s), pursuant to his/her conviction. * Note: Act No.2000-677 added subsection (o) to §32-5A-191, to provide as follows: "(o) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state more than once in a five year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender's driver's license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely defendant on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle." Section 32-5A-191, as amended by Act No.2000-677, effective 8/1/2000 Original - Court File Copy - Defendant Copy ­ State American LegalNet, Inc. www.USCourtForms.com Form CR-54 Rev. 7/2000 Page Number 2 of 3 pages DATE JUDGE'S INITIALS ACTIONS, JUDGMENTS, CASE NOTES COMMUNITY SERVICE The defendant is ordered to perform ____ days/hours of community service as follows: _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ under the supervision of _________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ PROBATION/SUSPENDED SENTENCE Probation/suspended sentence denied. The defendant's sentence is suspended for a period of _______________________________________________________ As Conditions of probations * The defendant shall not commit any criminal offense in violation of any federal, state, local law or rule or regulation. shall be monitored by the court referral officer for _________________________________________________________________________________________________ The defendant shall pay court-ordered monies to the Clerk of this Court as follows: $______________ not later than ___________________________________________________________________. The balance shall be paid in installments of $________________ per paid in full, beginning on _________________________________. month week each twenty weeks, until COSTS, FINES, ASSESSMENTS, RESTITUTION The defendant shall pay court-ordered monies to the clerk of this court as follows: $ _________________, in fines; $ __________________ in restitution to the parties or entities on the attached restitution order; $ __________________ in court costs (which shall include all docket fees, local court costs, and the $30 Criminal History Processing Fee); $_________________________ in crime victims assessments to the Alabama Crime Victims Compensation Fund; $______________________ in a