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Alabama DUI Laws and Penalties

DUI Penalties

Alabama DUI Laws

1st Offense DUI Penalties
2nd Offense DUI Penalties
3rd Offense DUI Penalties
4th Offense DUI Penalties
Alabama's Look back Period
Alabama's BAC Rules
Alabama's Implied Consent Law

Alabama DUI laws require that both a criminal and a Department of Public Safety driver's license case be opened if you have been arrested for DUI. The most important thing for you to do if this has happened to you is to contact an Alabama DUI lawyer. An attorney only has 10 days to open a request with the Alabama Department of Public Safety. If this is not done, it is difficult to reverse the Alabama DUI penalties associated with your license.

Blood Alcohol Level

According to Alabama DUI laws, someone driving with a blood alcohol level of .08 percent or higher is in violation. This charge is brought even if there seems to be no impairment. In addition, Alabama DUI law does not require the blood testing to file charges. If you do not have control or are impaired, and your blood alcohol level is below the state requirement, this too can lead to Alabama DUI penalties.

Alabama does not have an enhanced blood alcohol level like other states.

Alabama Implied Consent

Like many other states, in Alabama, there is an implied consent law. This means if you drive in the state you are agreeing to take a chemical test to prove intoxication levels. If you refuse, your license is automatically suspended.

First DUI Offense

Contact an Alabama DUI attorney the first time you are arrested for suspicion of DUI. First time offenders may experience:

  • First offense is a misdemeanor charge
  • Conviction may result in up to 365 days in county or municipal jail
  • Fine may range from $600 to $2100
  • You will need to attend a court approved substance abuse program
  • Driver privileges will be suspended for 90 days

Alabama's Look Back Period

Alabama DUI attorneys will tell you that the state's look back period is 5 years. This means that if you have had a prior DUI conviction in the last five years, with a second offense you will be sentenced harsher. If you have a conviction prior to that time, for example six years ago, you will be charged as a first time offender. In other words, you have five years before the DUI conviction will no longer count against you.

Alabama Second DUI Offense

If you are charged with a DUI within five years of a first offense, you will face additional Alabama DUI penalties:

  • You will be charged with a misdemeanor
  • A jail term of no less than 5 days and up to 365 days will be required
  • 30 days of community service may be acceptable in some cases
  • Fines will range from $1100 to $5100.
  • Your Alabama driver's license will be suspended for at least one year
  • You will be required to attend a court ordered treatment program

Contact an Alabama DUI lawyer before this gets to court!

Alabama DUI Third Offense:

If you have a third conviction of DUI in the state, within your lifetime, a conviction will include the following:

  • You will be charged with a misdemeanor
  • No less than 60 days in jail, up to a year in jail
  • A fine of $2100 to $10,100 will be imposed
  • Driver's license will be suspended for 3 years
  • Court ordered alcohol treatment program will be necessary

Alabama DUI Fourth Offense:

If you are facing Alabama DUI penalties for a fourth time, these are the likely consequences:

  • You will be charged with a Class C felony
  • No less than one year and one day and no more than ten years of imprisonment is required
  • You will be fined between $4100 and $10,100
  • Your driver's license will be suspended for five years
  • A court approved substance abuse program is required

Additional Alabama DUI Penalties

In addition to all of the previous, an ignition lock may be required by the court, which will require you to blow into it before you can operate the vehicle.

Hire an Alabama DUI Attorney

If you have been charged with a DUI in Alabama, hire an attorney to help you mitigate the conviction. Alabama DUI attorneys are effective at helping to resolve disputes, lower charges or help get them dropped all together.

Contact Alabama Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Alabama:

  • Alabaster
  • Albertville
  • Alexander City
  • Anniston
  • Athens
  • Atmore
  • Auburn
  • Bay Minette
  • Bessemer
  • Birmingham
  • Cullman
  • Daphne
  • Decatur
  • Dothan
  • Enterprise
  • Fairhope
  • Florence
  • Fort Payne
  • Gadsden
  • Hartselle
  • Huntsville
  • Madison
  • Mobile
  • Montgomery
  • Opelika
  • Ozark
  • Pelham
  • Phenix City
  • Pinson
  • Prattville
  • Selma
  • Sylacauga
  • Talladega
  • Theodore
  • Trussville
  • Tuscaloosa
  • Wetumpka

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Did You Know?

Alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes.

Each year, alcohol-related crashes in the United States cost about $51 billion.

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