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Alabama DUI law information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Alabama may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Alabama DUI defined

Alabama state laws define driving under the influence as operating a motorized vehicle with a blood alcohol concentration of 0.08% or more or operating a commercial vehicle with a blood alcohol concentration of 0.04% or more.

Drivers under the age of 21 can be arrested for DUI if their blood alcohol concentration is 0.02% or higher. Drivers can also be arrested for DUI if their blood alcohol concentration level is less than the legal limit, but they were not able to safely operate their vehicle.

Alabama Look Back period: 5 years

If a driver’s second or third driving infraction occurs during the look back period the DUI penalties can be substantially increased. The date begins on the date of the first DUI arrest.

Criminal DUI Penalties in Alabama

First DUI offense: (Misdemeanor)

  • Up to one year in jail
  • Fines of $600 to $2100
  • Drivers license suspension for 90 days, although it may be stayed if a driver elects to have an ignition interlock device installed.
  • Completion of a substance abuse or DUI program prior to license reinstatement
  • Must purchase SR22 insurance
  • Additional fees of $100 to the Impaired Drivers Trust Fund
  • Ignition interlock installation for drivers with a BAC above 0.15%

Second DUI offense: (Misdemeanor)

  • 5 days up to one year in jail (offenders required to serve the minimum) or a minimum of 30 days of community service
  • Fines of $1,100 to $5,100
  • Drivers license revocation for up to 1 year, although ignition interlock installation may be available after 45 days of the suspension has been served
  • Additional fees of $100 paid to the Impaired Drivers Trust Fund
  • Ignition interlock installation required for 2 years after license reinstatement
  • Completion of alcohol abuse court referral program prior to license resinstatement

Third DUI offense: (Misdemeanor)

  • 60 days to one year in jail (offenders required to serve the minimum)
  • Fines of $2,100 to $10,100
  • Additional fees of $100 to the Impaired Drivers Trust Fund
  • Drivers license revocation for 3 years, although drivers may be allowed to request an installation of an ignition interlock device after 180 days
  • Ignition interlock device on the vehicle for 3 years following the drivers license reinstatement
  • Completion of a drug or alcohol abuse program prior to the license reinstatement

Fourth DUI offense: (Class C Felony)

  • One to 10 years in prison (mandatory minimum of 10 days of the sentence must be served)
  • Fines of $4,100 to $10,100
  • Drivers license revocation for 5 years, although drivers may request an ignition interlock device after a minimum of 1 year]
  • Ignition interlock device on the vehicle for a minimum of 5 years following the drivers license reinstatement
  • Completion of a drug or alcohol abuse program prior to the license reinstatement

Additional DUI Requirements

Drivers may be required to install an ignition interlock device on their vehicle for certain DUI convictions. If an ignition lock is required the driver will have to pay for the installation and monthly service fees. Installation may be required for any of the following:

  • The driver had multiple DUI convictions.
  • The driver was involved in a DUI car accident.
  • The driver refused to submit to the chemical test.
  • The driver was transporting a minor under the age of 14 at the time of the DUI arrest.
  • The driver was arrested with a blood alcohol concentration of more than 0.15%.

Administrative Penalties in Alabama

Drivers in Alabama have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Alabama Department of Public Safety (DPS) and are imposed regardless of whether the driver is ultimately convicted for DUI.

Drivers who refuse the chemical test will face the following administrative penalties:

  • First refusal- 90 day license suspension
  • Second refusal- 12 month license suspension
  • Third refusal- 3 year license suspension
  • Fourth refusal- 5 year license suspension
     

Evidence of the chemical test refusal may also be admissible in all criminal and civil court cases which arise from the DUI arrest.

To challenge an administrative suspension, drivers must request an administrative hearing within 10 days from the date of their DUI arrest by contacting the Alabama Department of Public Safety.

(Read more: - state laws - Alabama )





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