Alabama's DUI Laws and the Penalties for a Conviction

In Alabama, as in other states, it's illegal to operate a vehicle while under the influence of drugs or alcohol. The penalties for a DUI conviction depend on a number of factors, including how many times you've been convicted of driving under the influence in the past.

This article explained the basics of Alabama's DUI laws and the penalties you'll face for a first, second, or third DUI conviction.

How Alabama Law Defines "Driving Under the Influence"

Alabama's DUI law prohibits anyone from driving or being in actual physical control of a vehicle:

• with a blood alcohol concentration (BAC) of .08% or more, or
• while under the influence of drugs, alcohol, or any impairing substance—or combination thereof—to a degree that renders the person incapable of safely driving a vehicle.

The BAC threshold is reduced to .04% or more if the licensee is driving a commercial vehicle, and it's unlawful for drivers who are under 21 years old to operate a vehicle with a BAC of .02% or more. (Ala. Code § 32-5A-191.)

A DUI Can Be Based on "Driving" or "Actual Physical Control" in Alabama

In Alabama, a motorist can get a DUI even without actually driving or having the car in motion. The DUI statute includes anyone who's in "actual physical control" of the vehicle. "Actual physical control" is defined as the exclusive physical power and present ability to operate, move, park, or direct whatever use or nonuse is to be made of the motor vehicle at the moment.

Alabama Blood Alcohol Concentration (BAC) Limits and Impairment Standards

In Alabama, a DUI conviction can be based on a driver's BAC or actual impairment.

Alabama's Per Se DUI Law

A drunk driving offense based on BAC—as opposed to the driver's level of impairment—is known as a "per se" DUI. As noted above, a BAC of .08% or more can lead to a DUI conviction. The amount of alcohol a person must drink to reach the legal limit depends on a number of factors such as gender, body type, and how much alcohol the person consumed.

What "Under the Influence" Means Under Alabama's DUI Laws

In some states, a driver is considered to be under the influence if he or she is impaired even to the slightest degree. However, Alabama law requires a bit more and gives drivers a little more leeway. Alabama law defines under the influence as impairment to a degree that renders the person incapable of safely driving a vehicle.

Alabama First DUI Penalties

For sentencing purposes, Alabama generally counts only prior DUI convictions that occurred within the past 10 years. A first DUI within 10 years is a misdemeanor (under most circumstances) and carries:

• up to one year in jail
• $600 to $2,100 in fines
• a 90-day license suspension, and
• a six-month ignition interlock device (IID) requirement.

For offenses involving a BAC of .15% or more, the judge is required to sentence the defendant to the full year in jail (although the judge can "suspend" all or a part of it). In cases involving a BAC of .15% or more, child passengers, or a chemical test refusal, most of the penalties are doubled.

Alabama Second DUI Penalties

A second DUI within 10 years is a misdemeanor (under most circumstances) and carries:

• five days to one year in jail
• $1,100 to $5,100 in fines
• a one-year license revocation, and
• a two-year IID requirement.

For offenses involving a BAC of .15% or more, the judge is required to sentence the defendant to the full year in jail (although the judge can "suspend" part of it). In cases involving a BAC of .15% or more, child passengers, or a chemical test refusal, most of the penalties are doubled.

Alabama Third DUI Penalties

A third DUI within 10 years is a misdemeanor (under most circumstances) and carries:

• 60 days to one year in jail
• $2,100 to $10,100 in fines
• a three-year license revocation, and
• a three-year IID requirement.

For offenses involving a BAC of .15% or more, the judge is required to sentence the defendant to the full year in jail (although the judge can "suspend" part of it). In cases involving a BAC of .15% or more, child passengers, or a chemical test refusal, most of the penalties are doubled.

Alabama Felony DUI Penalties

Several different circumstances can elevate a DUI to a felony in Alabama, including having three or more prior convictions and causing injuries or deaths.

A Fourth DUI Conviction Is a Felony in Alabama

Drivers who are convicted of a DUI and have at least three prior DUI convictions within the past 10 years generally face felony charges. A conviction generally carries:

• $4,100 to $10,100 in fines
• one to ten years in jail, and
• a five-year license revocation (followed by four years of an ignition interlock restriction).

A judge can grant probation to a fourth offender, but the required conditions of probation include ten days in jail, completion of a chemical dependency program, and possibly alcohol monitoring.

Subsequent Alabama DUI Offenses are Felonies

While Alabama law normally looks back only ten years for DUI prior convictions, felony DUI convictions are treated differently. Once a person is convicted of a 4th offense (felony DUI), all future DUI convictions will be considered class C felonies and penalized as such.

Alabama Felony Charges for DUIs Involving Injuries and Deaths

While not considered "felony DUIs," an impaired driver who injures or kills someone can be charged with other felony offenses.

For example, an impaired driver who causes serious injury to someone can be charged with class B felony assault of the first degree. A conviction carries two to twenty years in prison and up to $30,000 in fines.

Also, it's possible for a DUI offender who kills someone to be charged with negligent homicide, manslaughter, or even murder. All these offenses are serious felony crimes and carry heavy penalties.

Alabama's Underage DUI Laws

A driver who's younger than 21 years old and operates a vehicle with a BAC of .02% to .08% can be convicted of an underage DUI violation.

A first-offense underage DUI does not carry jail time or fines but will result in a 30-day driver's license suspension. However, a second or subsequent DUI will carry the standard second-offense DUI penalties discussed above.

Talk to an Alabama DUI Attorney About Your Case

A DUI conviction can, and often does, lead to severe consequences. If you've been arrested for driving under the influence, it's important that you get in contact with a knowledgeable DUI lawyer. A qualified DUI attorney can let you know how the law applies to the facts of your case and inform you of the options for dealing with your situation.