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Alabama DUI Penalties

Like most states, Alabama takes seriously the crime of driving under the influence (DUI) of alcohol or drugs. This state’s blood-alcohol content (BAC) maximum level is .08 percent. BAC is determined by chemical testing through breath, blood, or urine tests.

If a driver refuses to allow a chemical test (breath, blood, or urine) to determine the level of intoxication, s/he can expect an automatic 90-day license suspension. This is handled by the Department of Motor Vehicles (DMV) as a separate charge to the DUI charges.

This crime can be charged as a misdemeanor or a felony, depending upon the circumstances such as prior convictions, injuries or property damage as a result of the driver being intoxicated.

Alabama is a state with a five-year ‘washout period,’ meaning that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, s/he is considered guilty of a second offense and is subjected to harsher punishments.

	Level of Crime	Jail Time	Fines	License Suspension	Substance treatment program
1st DUI	Misdemeanor		$600 - $1200	90 days	Yes
2 nd DUI	Misdemeanor	5 days – 1 year	$1,100 - $5,100	1 year	Yes
3 rd DUI	Misdemeanor	2 months – 1 year	$2,100 - $10,100	3 years	Yes
4 th DUI	Class C felony	1 year and 1 day – 10 years	$4,100 - $10,100	5 years	Yes

Mr. Polson

Winning DUI Cases for Over a Decade

In Alabama, vehicle confiscation is not a punishment option, nor is attachment of an ignition interlock device to determine a driver’s intoxication level. Mandatory attendance in a substance abuse program is a court-ordered option. This may be recommended in addition to or instead of court fines.

Like many states, Alabama can prosecute a DUI case if the person is just in the car or behind the wheel, but was not driving at the time the police officer approached. The person in the car still had the ability to move, park, drive, or otherwise operate the vehicle and therefore be a danger to the public.