DUI Laws in Alabama

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What are the penalties for a DUI in Alabama?


1st Offense

2nd Offense

3rd Offense

4th Offense

Jail

None

5 days

60 days

1 year

Fines and Penalties

$600 to $2,100

$1,100 to $5,100

$2,100 to $10,000

$4,100 to $10,100

License Suspension

90 days

1 year

3 years

5 years

IID** Required

No

No

No   

No

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

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

**Ignition Interlock Device

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

Under 21

.02%

21 or older

.08%

Commercial

.04%

** 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.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

90 day suspension of license

1 year suspension of license

1 year suspension of license

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

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.

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.

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)

by: , Attorney

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