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DUI Laws in Alabama


Similar to the other states in the US, Alabama is also quite stringent about the DUI laws and it can result in criminal case as well as Department of Public Safety driver license case. All DUI arrests in Alabama leads to two types of cases and you will have only 10 days to contact a DUI lawyer to bail you out of it. The two reasons for which you can be arrested for a DUI in Alabama are for being under the influence of alcohol or drugs while driving a vehicle and for not adhering to the per se laws of Alabama. Under the per se laws, you can be arrested for DUI if your blood alcohol level is 0.8% or more. If your blood tests indicate the presence of alcohol above the legal limit, then you will be immediately arrested irrespective of the fact that your driving skills are well developed.

The state of Alabama is considered to be an “actual physical control” state. This indicates that according to Alabama DUI laws you cannot operate a vehicle or be physically present in a car while being intoxicated even if you are not driving the vehicle. This can lead to Alabama DUI arrest.

Your punishment for DUI in Alabama is dependent on the number of earlier DUI convictions. This also determines if you will be convicted for a felony or misdemeanor. As soon as you are arrested, you will have to submit your blood, breath as well as urine test to measure the alcohol level in your system. In case you refuse to undergo these tests, then you will lose your driving license for at least 90 days. Also you will not be able to apply for a restricted license. Moreover it will be held against you in the court.

If you are a first time DUI offender in Alabama, then you will be facing the following penalties:

  • Fines of about $600 to $2,100
  • Payment of a mandatory $100 donation to Impaired Drivers Trust Fund
  • Up to 1 year in jail, with no minimum sentence
  • Regular evaluation and assessment of alcohol content in your system
  • Alcohol treatment program

The punishment is more severe if you are again arrested after the first time offense. If it is third or fourth offense, then the case would be considered as a felony. The most critical penalty for DUI offense is license suspension and the State of Alabama is quite strict about it. An Alabama DUI arrest will result in your losing your driving license and this is also dependent on the number of DUI conviction you have faced.

  • First offenders – 90 days
  • Second offenders – 1 year
  • Third offenders – 3 years
  • Fourth offenders – 5 years

In Alabama, the DUI offenses last in your driving record for 5 years. A DUI attorney can help you in getting a restricted license so that you can drive to and from your workplace. Once you are convicted for a DUI in Alabama, you will also have insurance consequences like stoppage of insurance coverage or increase in the cost of your policy. If you are dropped by the insurance company then you should look for another one immediately to cover you prior to getting your license back from the authorities.

DALA Staff Writer
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