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Alabama DUI Information

Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are the same offense in the state of Alabama. The terms may be used interchangeably.In Alabama, it is illegal to drive a vehicle with a blood alcohol concentration (BAC) level of .08% or more. The state places a .04% limit on commercial drivers. Drivers under 21 and those who operate a school bus or day care van have limits of .02%.

Implied Consent
According to Alabama law, you must consent to breath, urine, or blood tests to determine your alcohol and drug levels. If you refuse, your license will be suspended.

Penalties
Drinking and driving is dangerous and costly for everyone involved. For the driver, convictions for a first DWI/DUI carry penalties of a fine ($600-$2,100), and/or one year in jail, and mandatory DUI school attendance. A first conviction also causes you to lose your license for 90 days.
A second conviction bears greater fines ($1,100-$5,100) and/or one year in jail, plus a mandatory 48 hours in jail or 20 days of community service. This conviction will cause you to have your license revoked for one full year.
With each subsequent DWI/DUI conviction, the penalties are increased further. For more details, visit the Alabama Department of Public Safety Web site.

First Conviction

Imprisonment - Up to 1 year in municipal or county jail (no minimum mandatory sentence)

Fine - $500 - $2,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)

Mandatory - 90-day license suspension, DUI school attendance

Second Conviction

Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service

Fine - $1,000 - $5,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)

Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days

DL Revocation - 1 year

Third Conviction Within 5 Years

Imprisonment - 60 days in municipal or county jail, up to 1 year

Mandatory - 60-day imprisonment which cannot be probated or suspended

Fine - $2,000 - $10,000, plus an additional $100 fine assessed for Impaired Drivers Trust Fund (§32-5A-191.1)

DL Revocation - 3 years

Fourth or Subsequent Conviction Within 5 Years - Class C Felony (§32-5A-191)

Imprisonment - 1-10 years

Fine - $4,000 - $10,000

DL Revocation - 5 years

Under 21 (first offense):
Under 21 with .02% BAC, but less than .08%:

30 days license Suspension

If Juvenile (under 18), may impose delinquency dispositions, including $250 fine Completion of DUI/Substance Abuse Court Referral Program

Under 21 with .08% BAC and over:

DUI Fines only, may not assess additional Juvenile fine of $250; but if under 18, may utilize other juvenile dispositional alternatives.

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