Alabama DUI Laws 101: What Drivers Need to Know

In all 50 states, from Alaska to Wyoming, operating a motor vehicle while impaired by alcohol or drugs is a federal criminal offense, and for good reason. Alcohol-related crashes killed more than 13,000 people in 2022 alone. Alabama has one of the highest rates of alcohol-impaired driving fatalities in the US—for every 100k people in the state, there are 5.5 deaths related to drunk driving.

Despite the overwhelming evidence of the dangers, many drivers convince themselves they are the exception. Rationalizations like, “I haven’t had that much to drink,” or “It’s just a short drive home,” can cloud your judgment and lead to tragic outcomes.

If you have driven under the influence and are wondering about the potential legal consequences, or if you’re now facing a DUI charge in Alabama, you might feel confused and overwhelmed. Understanding more about Alabama’s DUI laws and the potential consequences you face can help you navigate this difficult situation and avoid further legal trouble.

Understanding Alabama’s DUI Laws

There are federal laws about driving under the influence, but each state also has its own specific DUI regulations and penalties. Here’s what you need to know about DUI laws in Alabama:

Legal BAC Limits in Alabama

Blood alcohol concentration (BAC) is a major determining factor for DUI charges. In Alabama, the legal BAC limits are:

• 0.08% for drivers 21+
• 0.04% for commercial vehicle operators
• 0.02% for drivers under 21
• 0.02% for school bus and daycare drivers

It’s important to note that even if your BAC level is below the legal limit, Alabama law allows for DUI charges based on actual impairment. This means that if an officer believes you are impaired to the point that you cannot safely operate a vehicle, you can still face DUI charges in Alabama, even with a BAC level below 0.08%.

Substances That Can Result in a DUI in Alabama

You can be charged with DUI for more than just alcohol. This includes:

• Controlled substances (illegal or prescription drugs)
• Over-the-counter medications that impair driving
• A combination of alcohol and drugs

Even legal substances can lead to a DUI if they impair your ability to drive. Remember, a prescription is not a defense.

Understanding “Actual Physical Control” in Alabama

In Alabama, you can be charged with DUI even if you’re not driving, as long as you’re in “actual physical control” of the vehicle. Simply sitting in the driver’s seat with the car keys or sleeping in a parked car with keys can result in charges.

Is DUI a Felony in Alabama?

A first or second DUI in Alabama is typically a misdemeanor; a third DUI within 10 years becomes a felony. There are also certain circumstances that can result in felony charges for DUI, even if it’s not a third offense, including:

• Causing a serious injury or death
• Having a child passenger in the car
• An extremely high BAC level

Penalties for DUI Charges in Alabama

Alabama takes DUI offenses seriously, with penalties that increase in severity for repeat offenders. Here’s an overview of the consequences for first-time and repeat DUI charges.

First Time DUI Offense

Though jail time is rare for first offenders, penalties can still be significant:

• Fines: $600 to $2,100
• Jail Time: Up to 1 year (though most avoid serving time)
• License Suspension: 90 days
• Ignition Interlock Device: Required for 6 months
• Substance Abuse Evaluation: Mandatory, with treatment if needed
• DUI Education Program: A 12-hour course

Repeat DUI Offenses

Repeat DUI offenses come with harsher penalties and can have a lasting impact on your life.

Second DUI Offense

If you’re convicted of a second DUI within 5 years, the penalties increase:

• Fines: $1,100 to $5,100
• Jail Time: 5 days to 1 year (or 30 days of community service)
• License Suspension: 1 year
• Ignition Interlock Device: Longer installation period

Third DUI Offense

A third DUI offense within 10 years comes with serious, life-altering penalties, including:

• Fines: $2,100 to $10,100
• Jail Time: Minimum 60 days, up to 1 year
• License Suspension: 3 years
• Felony Charge: Third offenses are classified as felonies

Changes in DUI Laws in Alabama

In July 2023, Alabama updated its DUI laws, particularly around ignition interlock devices and license suspensions. These changes offer more flexibility for first-time offenders.

Here’s what you need to know about the new DUI laws:

What Is an Ignition Interlock Device?

An ignition interlock device is a breathalyzer installed in vehicles that prevents the engine from starting if alcohol is detected. Drivers have to pass a breath test and take periodic retests while driving. This helps reduce drunk driving and allows for limited driving privileges for offenders.

Ignition Interlock Device Requirements

With the changes in DUI laws in Alabama, first-time offenders with a BAC below 0.15% aren’t required to install an IID to participate in a Pre-Trial Diversion program. However, you can choose to install the device for 90 days to avoid a license suspension. For first-time DUI convictions, installing an IID for six months is mandatory.

License Suspension Changes

The standard penalty for a first-time DUI still includes a 90-day driver’s license suspension. However, these recent changes now make it possible to substitute the entire 90-day suspension by installing an ignition interlock device in your vehicle for 12 months instead.

Moving Forward After a DUI in Alabama

Facing a DUI charge can be overwhelming. Whether it’s your first offense or a repeat violation, the consequences can have a significant impact on your life. But understanding Alabama’s DUI laws and penalties can help you navigate this challenging time.

Legal guidance can save you from making costly mistakes, such as missing deadlines, failing to properly challenge evidence, or misunderstanding your rights. With a skilled attorney, you can potentially reduce penalties like fines, jail time, or license suspension. If you’re dealing with a DUI charge in Alabama right now, consult an experienced attorney to learn more about your options, protect your rights, and work towards the best possible outcome.

Schedule a Free Legal Consultation With Bennett Law in Birmingham, AL

Facing a DUI charge? Bennett Law Firm is here to help you navigate the legal process and fight for the best outcome. Contact us at 205-498-8989 or request a free consultation online. We proudly serve the Birmingham Metro Area and surrounding—call us 24/7 for support!