ALABAMA DUI LAW

Blood Alcohol Content (BAC) for Driving Under the Influence (DUI) in Alabama:

• Standard BAC: .08% or above
  • Note: Alabama is an “actual physical control state,” which means that even if you are a passenger in the car, if you have a BAC of .08% or above, you can be charged with DUI.
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: Not utilized in enhancing penalties in Alabama

Implied Consent and Chemical Test Refusal: Alabama has an Implied Consent Law. According to the law, by driving on the roads in Alabama, you have consented to a blood, urine, or breathalyzer test if an officer has reasonable grounds to believe you have been drinking or driving. If you refuse to comply, you drivers license will be automatically suspended for 90 days.

After you have been arrested for DUI, it is important that you contact an Alabama DUI attorney, especially because laws can vary from county to county.

DUI Arrest-Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: 90 days. You must also attend an approved substance abuse program.
  • Second DUI Conviction: 1 year.
• Monetary Fines:
  • First DUI Conviction: Between $600 - 2,100.
  • Second DUI Conviction: Between $1,100 - 5,100. You will also have to pay a $100 fine for the Impaired Drivers’ Trust Fund.
• Community Service: 30 days of mandatory community service after your second DUI conviction.
• Probation: No.
• Motor Vehicle Impound
  • First Conviction: No.
  • Second Conviction (if within 5 years): No.
• Ignition Interlock
  • First DUI: No.
  • Second DUI: No.
• Prison Time:
  • First DUI: Up to 1 year.
  • Second DUI: Up to 1 year, but a mandatory 48 hours in prison.

DUI Arrest-Criminal Charges

If you are convicted of DUI and criminal charges have been filed against you, you have the right to an attorney, and should contact a qualified criminal lawyer to defend you and help you navigate the Alabama criminal justice system.

• Potential Criminal Consequences: While your first or second DUIs qualify as misdemeanors, your fourth DUI may be charged as a Class C felony.
  • First DUI Conviction: You can be charged with a misdemeanor and be sentenced to a year in a county or municipal jail. You can also be fined up to $2,100.
  • Second DUI: You will have to pay a fine of up to $5,000, and serve a mandatory 5 days in jail, but no more than 365 days. You may also have to serve 30 days of mandatory community service.

Reinstating Your License After DUI Conviction: You must pay a $275 fee to have your driver’s license reinstated if you have been convicted of DUI. Alabama only allows you to reinstate your license at certain locations. You must also have liability insurance to reinstate your license.

Effect of DUI on Car Insurance: You must file an SR-22 Proof of Insurance Certificate with the Alabama DMV in order to have your license reinstated. Car Insurance will be more costly after you have been convicted of DUI.

Effect of DUI on Driving Record: A DUI will remain on your record in Alabama for ten years.

Under 21 and DUI: Alabama’s Zero Tolerance law applies to anyone under the age of 21 who operates a motor vehicle with a BAC of .02% or higher. Your driver’s license will be suspended for 30 days.

Alabama Resources

Alabama Department of Public Safety

Alabama DUI Statute