First-Offense DUI in Alabama

The penalties you'll face for a first Alabama DUI (driving under the influence) conviction depend primarily on how many prior convictions you have. This article covers the basics of Alabama's DUI laws and the penalties for a first conviction.

Alabama's DUI Laws

You can get a DUI in Alabama for 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 a combination thereof—to a degree that renders you incapable of safely driving a vehicle.

In other words, an excessive BAC or actual impairment can lead to a DUI.

Criminal Penalties for a 1st Alabama DUI Conviction

A first DUI (driving under the influence) conviction is a misdemeanor in Alabama. The possible penalties for a first offense depend on the circumstances of the case, including the driver's BAC and whether there were any passengers under 14 years old.

What's Considered a 1st DUI in Alabama

A DUI is considered a first offense in Alabama if the driver has no prior DUI convictions within the past ten years.

Jail Time for a 1st DUI in Alabama

A first-offense DUI can lead to a maximum of one year in jail. And for offenses involving a BAC of .15% or more, the judge is required to sentence the defendant to the full year.

However, if the judge finds it appropriate, he or she can suspend the jail sentence can be suspended or place the offender on probation instead of ordering the jail time. Probation generally lasts one year and requires the person to abide by certain restrictions. Violating a condition of probation can result in jail time.

Alabama's 1st DUI Fines

A person who's convicted of a first DUI also faces fines of $600 to $2,100, plus court costs.

Substance Abuse Treatment for 1st DUI Offenders in Alabama

Every person convicted of a first DUI must complete a substance abuse evaluation and follow all recommendations. The extent of treatment depends on the discretion of the court and the report of the evaluator.

Driver's License Penalties for a First Alabama DUI

The court reports all DUI convictions to the State Law Enforcement Agency. For most first-offense DUIs, the Agency will suspend the driver's license for 90 days.

This suspension can be stayed if the offender chooses to install an ignition interlock device (IID). An IID is an in-car breathalyzer that must be installed and maintained by a licensed distributor at the expense of the driver. Successful usage of the IID for 90 days will negate the 90-day suspension requirement.

However, drivers who refused BAC testing, had a passenger under 14 years old, a BAC of .15% or more, or were involved in an injury accident are not able to escape suspension entirely. These drivers must complete a 45- to 90-day suspension and then use an IID for up to two years.

The driver must also complete any court-ordered treatment and substance abuse counseling before being eligible for license reinstatement.

Talk to an Alabama DUI Attorney

If you've been arrested for driving under the influence in Alabama, it's a good idea to talk to a DUI lawyer. DUI law is complicated and the facts of each case are different. A qualified DUI attorney can tell you how the law applies to your case and help you decide on the best course of action.