Alabama DUI & DWI Laws
Drinking and driving is taken very seriously in Alabama. If you are operating a vehicle with a with a blood alcohol concentration or BAC of .08% or above you are committed a DUI (driving under the influence) or DWI (driving while intoxicated). Offenders will face harsh punishments from the state courts and the department of public safety. Additionally, all DUI offenders are required to complete a substance abuse program.
Legal limit in Alabama:
- Standard, non-commercial drivers: 0.08% BAC
- Commercial drivers: 0.04% BAC
- Drivers under 21: 0.02% BAC
Penalties, Fines, & Suspension
| Alabama DUI & DWI Penalties, Fines, & Suspension | ||||
|---|---|---|---|---|
| Penalty | 1st offense | 2nd offense | 3rd offense | 3rd offense |
| Sentence | n/a | 5 days | 60 days | 1 year |
| Fine | $600 to $2,100 | $1,100 to $5,100 | $2,100 to $10,000 | $4,100 to $10,000 |
| Driver’s License Suspension | 90 days | 1 year | 3 years | 5 years |
Chemical Test Refusal
Refusing to adhere to a chemical test during a DUI arrest is considered a violation of Alabama’s implied consent law. The law states that all drivers are required to take a blood or breath test to determine BAC levels by a law enforcement officer. Refusing this test can lead to serious punishments put in place by the department of public safety.
1st offense: 90 day license suspension
2nd offense: 1 year license suspension
3rd offense: 1 year license suspension
Ignition Interlock
An ignition interlock device or IID is a device that is connected to a vehicle’s ignition preventing it to start without a legal BAC level. The state of Alabama may require a person to install this in their car in order to regain driving rights after a DUI. The circumstances in which this will be required include: a first offense DUI with a BAC of .15 or higher, a DUI that caused an accident, refusal of a chemical test, a DUI conviction with a child in the vehicle or a second, third or fourth DUI offense.
Criminal Record
A DUI will remain on your record for 5 years in Alabama. After that time the charge can be removed, but could be used against you if a second conviction occurs during that 5 year time period.
Under 21
Alabama has no exceptions for a person under the age of 21 driving under the influence. A minor can receive a DUI with a BAC of .02% or above. Convictors will face imprisonment for up to 1 year, a fine from $600 to $2,100 and a license suspension of 30 days. Punishments and fines will increase with higher BAC levels or after multiple convictions.
DWI with a Child Passenger
Jail sentences are doubled if a driver is convicted of drinking and driving with a passenger under the age of 14 in the vehicle. In addition, the offender will be subject to a 90 day license suspension in which an ignition interlock device must be required for 2 years thereafter.
More on AL DUI Laws:
Alabama Law Enforcement Agency – Department of Public Safety – DUI Penalities: http://dps.alabama.gov/Home/wfContent.aspx?ID=40&PLH1=plhHighwayPatrol-DUIConvictions
Center for Disease Control – Alabama Drunk Driving Facts: https://www.cdc.gov/motorvehiclesafety/pdf/impaired_driving/drunk_driving_in_al.pdf