DUI Laws – Alabama
In Alabama, a motorist who is arrested on suspicion of DUI and subsequently fails or refuses a chemical test is likely to be charged with DUI. A DUI charge in Alabama is more serious than ever. In fact, Alabama is the most recent (and the last) of the 50 states to require ignition interlock devices for certain DUI offenders. Knowledgeable and experienced representation can make the difference in a DUI case. A DUI lawyer will try to get your charges dismissed, negotiate alternatives with the judge and prosecutor, or take your case to trial to ensure the best result for you.
The outcome of each Alabama DUI case will depend on the unique facts and circumstances. In general, penalties for a first conviction for DUI can include up to one year in municipal or county jail, $500-$2,000 in fines, an additional $100 fine assessed for the Impaired Drivers Trust Fund, mandatory 90-day license suspension and mandatory DUI school attendance. If convicted, a DUI attorney may be able to persuade the court to suspend a jail sentence pending completion of court ordered programs and fines — but the sentence will be reinstated if the conditions are not satisfied. It is important to speak to an attorney to make sure you understand your rights and responsibilities.
Penalties increase in the presence of aggravating factors such as prior DUI convictions within a five-year period (including DUI convictions outside of the state). Furthermore, Alabama will double the minimum punishment when a child under 14 years of age is present in the vehicle at the time of the offense. To minimize the impact of a DUI arrest and ensure your legal rights are protected, consult a DUI attorney today.
Alabama DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Alabama BAC laws may differ from those of other states, as follows.
| Alabama BAC Laws | |
| Per Se Violation | BAC of: .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after you are cited for the DUI).
| DUI/DWI Arrest | |
| 1st Offense | 90 days license suspension |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | License suspension |
Criminal Court Conviction – Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (no conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $600 to $2,100 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school attendance; possible treatment |
| Second DUI/DWI Offense (within 5 years of 1st offense) | |
| License Suspension | 1 year (no conditional license) |
| Prison Term and Community Service | 48 hours to 1 year in jail or at least 20 days community service |
| Fines, Fees, and Surcharges | Approx. $1,100 to $5,100 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | May require DUI school attendance; possible treatment |
| Third DUI/DWI Offense (within 5 years of 2nd offense) | |
| License Suspension | 3 years (no conditional license) |
| Prison Term and Community Service | 60 days to 1 year in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $2,100 to $11,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | May require DUI school attendance; possible treatment |
| Fourth DUI/DWI Offense (within 5 years of 3rd offense) | |
| License Suspension | 5 years (no conditional license) |
| Prison Term and Community Service | 1 to 10 years in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $4,100 to $11,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | May require DUI school attendance; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving while under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Alabama Department of Public Safety