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DUI Laws in Alabama

DUI Laws in Alabama

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DUI Penalties and Fines in Alabama

First Alabama DUI

1st Drunk Driving Conviction

Imprisonment – Up to 1 Year or,
Fine – From $600 to $2,100 or Both
License Suspension – 90 Days

Second Alabama DUI

2nd Drunk Driving Conviction

Imprisonment – Up to 1 Year
Jail – Mandatory Minimum of 5 Days or,
Community Service – Minimum of 30 Days
Fine – From $1,100 up to $5,100
License Suspension – 1 Year

Third Alabama DUI

3rd Drunk Driving Conviction

Imprisonment – From 60 Days to 1 Year
Jail – Mandatory 60 Days
Fine - $2,100 - $10,000
License Suspension – 3 Years

Fourth Alabama DUI

4th Drunk Driving Conviction

Class “C” Felony
Imprisonment – From 1 Year to 10 Years
Jail – Mandatory 1 Year and 1 Day
Fine - $4,100 - $10,100
Complete State Certified Chemical Dependency Program
License Suspension – 5 Years

*All convicted DUI offenders are required to complete a DUI or substance abuse court referral program.

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Drinking and Driving Laws in Alabama

The State of Alabama like the rest of the United States has a drunk driving law that prohibits a person from driving when they have a blood alcohol concentration (BAC) of .08 percent or more alcohol in their blood system. Studies done by government researchers have shown that a BAC level of .05 percent impairs the driving ability of most individuals and a BAC level of .08 percent impairs all individuals.

How many drinks does it take to reach the legal limit?

There isn't one right answer to this question. There are calculators and charts that can provide a reference based on certain criteria, however these devices shouldn't be used as the deciding factor when considering drinking and driving. In reality it takes very little alcohol to become legally drunk and physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. The best answer is to have zero drinks before you drive.

DUI / DWI Laws in Alabama

In the State of Alabama it is illegal to operate a motor vehicle if you are:

A person who is under the influence of alcohol or drugs.
A person who is under the influence of a drug to a degree which renders you incapable of safely operating a motor vehicle.
A person whose blood contains 0.08 percent or more concentration of alcohol.
A person under the combined influence of alcohol and a drug to a degree which renders him incapable of safely driving.
A commercial vehicle operator whose blood alcohol contend is .04 percent or more. Persons under the age of 21 whose blood alcohol content is .02 percent or more.
School bus and daycare drivers whose blood alcohol content is .02 percent or more.

As you can read above, in the State of Alabama has aggressive drunk driving laws for School bus drivers and drivers under the age of 21. The 0.02 percent is approaching the "Zero" tolerance limits that many legislators would like to enforce for all drivers. If you are a commercial driver, the limit is also a very low at .04 percent.

The Implied Consent Law in Alabama

The implied consent law in Alabama states that "Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent to a chemical test or tests of his blood, breath, or urine to determine blood alcohol content" If you refuse to take the test requested by an officer your drivers license will be suspended.

State of Alabama Website - Additional Information on DUI Laws in Alabama (Driver Manual 13MB Download)

The Alabama Point System and Drivers License Suspension

Like other states around the country, Alabama has a point system designed to punish driver's that repeatedly disobey driving laws. The list below shows the offenses with their corresponding point scores.

Points are assessed for various violations as follows:

Any conviction which resulted from a charge that involved 6 Points the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license

Reckless Driving 6 Points

Speeding In Excess of 5 Points 85 MPH (86 or above)

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Failure to Yield Right of Way 5 Points

Passing Stopped School Bus 5 Points

Wrong Side of Road 4 Points

Illegal Passing 4 Points

Following Too Closely 3 Points

Disregarding Traffic Control Device (stop sign, traffic light) 3 Points

Speeding in Excess of Posted Limits 2 Points

All Other Moving Violations 2 Points

The following schedule is used to determine the length of a suspension period:

12-14 Points in a 2-year period 60 days

15-17 Points in a 2-year period 90 days

18-20 Points in a 2-year period 120 days

21-23 Points in a 2-year period 180 days

24 and above points in a 2-year period 365 days

After a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver’s record

Other Alabama Information on This Website

Alabama Cell Phone and Text Messaging Laws

Alabama Teen Driving Laws & Insurance Requirements