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National College for DUI Defense
Alabama DUI Laws

 

 

 

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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 personís commercial driving privilege shall be suspended for a period provided in the Federal Motor Carrier Safety Regulations and the personís regular driverís 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

Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.

2nd Offense

On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

3rd Offense

On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

Felony DUI

On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years, confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one Page 2 Code of Ala. ß 32-5A-191 day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in them county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years.

A Person Under 21

A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between 0.02 and 0.08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section, and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

Breath Test Of .15 Or Higher

When any person convicted of violating this section is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while of operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less than 0.15 percent by weight of alcohol in his or her blood. If the adjudicated offense is a misdemeanor, the minimum punishment shall be imprisonment for one year, all of which may be suspended except as otherwise provided for in Section 32-5A-191(f) and Section 32-5A-191 (g). In addition, the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of not less than one year.

Someone Under The Age Of 14 Is In The Car

When any person over the age of 21 years is convicted of violating this section and it is found that a child under the age of 14 years was present in the vehicle at the time of the offense, the person shall be sentenced to at least double the minimum punishment that the person would have received if the child had not been present in the motor vehicle.

Alabama DUI Laws and Driverís License Suspension

Upon conviction of a first DUI, a personís 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 personís 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 personís 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.

Alabama DUI Laws Defense Lawyers represent Alabama DUI clients across Alabama, including but not limited to the following communities: Columbiana, Lincoln, Oneonta, Pell City, Tuscaloosa, Athens, Ashville, Clanton, Auburn, Gulf Shores, Orange Beach, Phenix City, Prattville, Vestavia Hills, Hoover, Homewood, Mountain Brook, Bessemer, Pelham, Alabaster, Huntsville, Vestavia, Boaz, Albertville, Guntersville Trussville, Gardendale, Harpersville, Chelsea, Pleasant Grove, and Northport Montevallo, Riverside, Talladega, and the following counties: Madison County, Talladega County, Cherokee County, Jefferson County, Shelby County, St. Clair County, Tuscaloosa County, Chilton County, Lee County, Marshall County and Russell County.


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