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 concentration of .08 percent or more alcohol in their blood system. Studies done by government researchers have shown that levels around .05 percent impairs the driving ability of most individuals and a .08 percent level all individuals are definitely impaired. 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 wick 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.
Drunk Driving Penalties and Fines in Alabama
First Drunk Driving Conviction
$600 to $2100 fine and up to one year in jail, or both. Drivers license will be suspended for 90 days.
Second Drunk Driving Conviction
If within 5 years of the 1st, $1,100 to $5,100, Jail sentence up to 1 year, or both. Also a mandatory 48 hours in jail or 20 days of community service. One year revocation of drivers license is required after 2nd conviction.
Third Drunk Driving Conviction
The 3rd time you are convicted of drunk driving in Alabama the fine will range from $2,100 to $10,100 and your drivers license will be revoked for 3 years. A third time offender may be sentenced up to one year with a mandatory minimum sentence of 60 days in Jail. The jail time you receive after your third conviction of drunk driving in Alabama cannot be suspended or probated.
Fourth Drunk Driving Conviction
If you are unfortunate enough to be convicted of a 4th drunk driving offense in Alabama, you will be charged with a class "C" felony. The fine for a fourth conviction will range from $4,100 to $10,000. You will also have your drivers license revoked for a period of 5 years. The jail time you serve will be from 1 to 10 years and the time served will not be less than 1 year.
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.
Additional Information on Drunk Driving Laws in Alabama
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 |
