Go to navigation Go to content

Alabama DUI Law

Of the 1,153 traffic fatalities on Alabama highways in 2004, about a third of them (367) involved a driver who was at or above the legal limit.  213 of those deaths involved a driver who had a blood alcohol concentration of .16 or greater, twice the legal limit.

Legal Limit

In Alabama, it is illegal to drive with a blood alcohol concentration of .08 or greater.  It is also unlawful to drive with any combination of drugs or alcohol that renders the driver incapable of safely operating the vehicle.

The legal limit for drivers under the age of 21 is a blood alcohol concentration of .02 or greater.

The legal limit for school bus drivers is also a blood alcohol concentration of .02 or greater.  School bus drivers are sentenced in the same way that all other offenders are, except that their license is suspended for a year on the first offense.

The legal limit for Drivers of commercial vehicles is a blood alcohol concentration of .04 or greater.

Penalties

First Offender:  Fine of $600 - $2,100 and/or imprisonment for up to a year.  Additionally, the license of a first offender is suspended for 90 days.

Second Offender:  Fine of $1,100 - $5,100 and imprisonment (which may include hard labor) for not more than a year.  The minimum sentence for a second offender is 5 days in jail or 30 days of community service.  Additionally, the license of a second offender is suspended for a year.

Third Offender:  Fine of $2,100 - $10,100 and imprisonment (which may include hard labor) for not more than a year.  The minimum sentence for third offenders is 60 days in jail.  Additionally, the court will suspend the license of a third offender for three years.

Fourth/Subsequent Offender:  Fine of$4,100 - $10,100 and imprisonment for between one year and ten years.  This is a Class C Felony.

Driving with a Minor in the Car:  Anyone driving drunk with a person under the age of 14 in the car will have the mandatory minimum sentence doubled.

DUI Court Referral Program

All those convicted of driving under the influence are sentenced to the court’s referral program.  Successful completion of this program is necessary before the state will reissue a driver’s license.