How much do you have to drink (BAC*) for a DUI in Alabama?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Alabama?

Alabama has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Alabama’s implied consent law.

What is the minimum jail time?

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI in Alabama?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute 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

More Information: First Offense DUI in Alabama

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

More Information: Second Offense DUI in Alabama

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

More Information: Third Offense DUI in Alabama

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.

Ignition Interlock Legislation Article

Drinking and Driving Laws in Alabama

Alabama Drunk Driving and Wet Reckless Laws - Nolo.com

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)
• 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