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DUI Laws in Alabama

In Alabama, it is against the law for a person to drive or be in actual physical control of a vehicle with 0.08% or more by weight of alcohol in his or her blood; while under the influence of alcohol; while under the influence of a controlled substance to a degree which renders that person incapable of safely driving; under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

Alabama has adopted the rules set forth in the Federal Motor Carrier Safety Regulations and has made it a law that a person is not to be in actual physical control of a commercial motor vehicle if there is a 0.04% or greater by weight of alcohol in his or her blood.

If a person is stopped while in control of a commercial vehicle with an illegal quantity of alcohol in his or her blood, that person’s commercial driving privilege shall be suspended for a period provided in the Federal Motor Carrier Safety Regulations and the person’s regular driver’s license will be suspended or revoked according to the other provisions of the Alabama DUI statute.

In Alabama, the law states that if you are under the age of 21, it is illegal to drive or be in actual physical control of any vehicle with a blood alcohol level above 0.02% by weight of alcohol. The Department of Public Safety shall also suspend or revoke the driving privileges convicted of DUI.

Any school bus or day care vehicle driver shall not drive or be in actual physical control of any vehicle while performing his or her duties with a blood alcohol level above 0.02% by weight in his or her blood. If a person is convicted under this section of the DUI statute, his or her license will be suspended by the Department of Public Safety for one year.

The Penalties for a conviction of Driving Under the Influence in Alabama are the following:

1st Offense

The penalty for a first DUI offense in Alabama includes a fine of up to $2,100 and up to one year in jail. The Department of Public Safety will also suspend your Alabama Driver’s License for 90 days. If you have an out of state license, the Alabama Department of Public Safety will contact the state that has issued your driver’s license and inform them of your conviction and that state will suspend your license according to its DUI laws.

2nd Offense

The penalty for a second DUI offense in Alabama includes a fine of up to $5,100.00 and a mandatory sentence of five days to one year in jail. The Department of Public Safety will also revoke your Alabama Driver’s License for one year. If you have an out of state license, the Alabama Department of Public Safety will contact the state that has issued your driver’s license and inform them of your conviction and that state will revoke your license according to its DUI laws.

3rd Offense

The penalty for a third DUI offense in Alabama includes a fine of up to $10,100.00 and a mandatory sentence of sixty days to one year in jail. The Department of Public Safety will also revoke your Alabama Driver’s License for three year. If you have an out of state license, the Alabama Department of Public Safety will contact the state that has issued your driver’s license and inform them of your conviction and that state will revoke your license according to its DUI laws.

Felony DUI

The penalty for a fourth, or felony, DUI offense in Alabama includes a fine of up to $10,100.00 and one to ten years in jail with a mandatory 10 days in jail. The Department of Public Safety will also revoke your Alabama Driver’s License for five year. If you have an out of state license, the Alabama Department of Public Safety will contact the state that has issued your driver’s license and inform them of your conviction and that state will revoke your license according to its DUI laws.

Alabama DUI Laws and Driver’s License Suspension

Upon conviction of a first DUI, a person’s driving privileges will be suspended by the Department of Public Safety for 90 days. Upon conviction of a second DUI, those privileges will be revoked for one year. If convicted of a third DUI, the person’s driving privileges will be revoked for three years, and all subsequent DUI convictions will result in revocation of those privileges for 5 years.

If a person convicted of DUI is under the age of 21 and had a blood alcohol level between 0.02% and 0.08%, his or her driving privileges will be suspended by the Department of Public Safety for 30 days. If convicted with a blood alcohol level above 0.08%, that person’s license will be suspended or revoked according to the guidelines listed above.

Alabama law requires that anyone convicted of a DUI complete a DUI or substance abuse court referral program. This includes a referral to the court referral officer for evaluation and referral to appropriate community resources. These include, but are not limited to, substance abuse meetings, substance abuse classes, community service, alcohol and drug testing, and other various resources.