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.
Alabama's DUI law prohibits anyone from driving or being in actual physical control of 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.
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.
In Alabama, a DUI conviction can be based on a driver's BAC or actual impairment.
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.
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 DUI penalties vary based on the circumstances of the case. The judge is permitted to order jail time, fines, or both, but the range of allowable penalties depends, in large part, on how many prior convictions the offender has within the last ten years. Here are what the potential sentences generally look like for a first, second, and third DUI in Alabama.
|
Jail |
Up to 1 year |
5 days to 1 year |
60 days to 1 year |
|
Fines |
$600 to $2,100 |
$1,100 to $5,100 |
$2,100 to $10,100 |
|
License Suspension |
90 days |
1-year revocation |
3-year revocation |
|
6 months (2 years with BAC of .15% or more, passenger under age 14, injury accident, or BAC test refusal) |
2 years (4 years with BAC of .15% or more or BAC test refusal) |
3 years (6 years with BAC of .15 or more or BAC test refusal) |
In some situations, the minimum jail sentence may be served by a period of community service. And it may be possible to obtain a restricted IID license during part of the suspension or revocation period.
Anyone convicted of a DUI in Alabama must obtain a substance abuse evaluation and complete all court-ordered treatment for probation and license reinstatement.
Alabama's "implied consent" laws require all drivers lawfully arrested for a DUI to submit to a urine, blood, or breath test. If the driver was placed under arrest and refused to submit to the officer's request for a breath test, the license will be immediately suspended for 90 days. This increases to one year if the person has refused testing within the last ten years.
The refusal suspension is separate from the criminal conviction and may be imposed even if the criminal charges are dismissed. Additionally, refusal of a requested chemical test may be used against the accused at trial.
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.