Alabama DUI Laws

You do not have to be behind the wheel of a car in Alabama to be arrested for a DUI.  This is because Alabama follows the “actual physical control” policy. Officers may arrest an individual who is under the influence whether they are sitting in the car or driving it.  You can be arrested for sleeping it off in the car.  As long as you have the ability or power to move the car in any manner, you are considered to be in control of the vehicle and you can be charged with a DUI, DWI or drunk driving in the state of Alabama.

The blood alcohol level which is considered over the limit is .08% or above in Alabama.  The individual does not have to be impaired to be charged with a DUI.  Your BAC is enough for a conviction.  The penalty for the first offense is a 90 day suspended license, a possible one year prison sentence and fines from $600.00 to $2,100.00.  Your license will be suspended and removed before your court date and will not be returned until after the 90 day suspension is completed.  You will not be required to install the interlock device, which analyzes your breath before you can start your car, on your vehicle.  Your first DUI offense is considered a misdemeanor in Alabama and the courts will demand you participate in a substance abuse program. 

If five years pass before you receive your second DUI offense, it will be handled in the same manner as the first offence.  However, if the second offense occurs before the five years are up, it will be treated as a second offense.  The second offense will earn you five days of jail time minimum and possibly land you in prison for one year.  The fines increase to a range from $1,000.00 to $5,100.00 and you will loose your license for one year.  You will find yourself enjoying the comfort of another substance abuse program before your license is returned. 

Your third DUI will result in steeper penalties.  Now you will have 60 days to one year of jail time to serve, fines of $2,100.00 to $10,000.00 and the loss of your license for three years.  Your forth conviction moves you from a misdemeanor to a Class B felony.  The fines increase to between $4,100.00 and $10,100.00 and your license will be revoked for 5 years.  After the third and forth offenses, the court may order you to have the ignition interlock device installed in your car.  All DUI’s require attendance at a substance abuse program.

Alabama operates on a point system to determine the penalties for DUI convictions.  If your charge contains six or more points, alcohol and driving charges, it may or may not result in the loss of your license.  The more points you rack up, the higher your penalties will be.  Reckless driving is an automatic six points.  Excess speeding, (86 mph or above), failure to yield the right of way, and passing a stopped school bus will all result in 5 points added onto your driving record.  The four point range includes driving on the wrong side of the road and illegal passing.  Ignoring stop signs and traffic lights or tailgating another vehicle will earn you three points a piece.  Speeding in excess of the posted limits and all other moving violations are two points each.

The length of your license suspension will be determined by the total points charged against you.  Twelve to fourteen pints racked up within a two year period will cost you’re your license for 60 days.  Anything from 24 points and above will see you with out a license for one year.

It does not take very much alcohol to be considered legally drunk.  In order to be safe, don’t drink and drive.  The DUI and DWI laws in Alabama consider a person to be under the influence in the following circumstances.

• If you are under the influence of alcohol or drugs
• If you are under the influence of a drug to a degree which renders you incapable of safely operating a motor vehicle
• If your blood contains 0.08% or more of concentrated alcohol
• If you are under the influence of alcohol and drugs combined to a degree which makes you incapable of driving safely
• If you are in control of a commercial vehicle with a BAC of .04% or more
• If you are under 21 with a BAC of .02% or more
• If you are a school bus driver with a BAC of .02% or more

Alabama has very strict DUI and DWI laws for people who regularly are entrusted to transport others and under age drivers.  The legal drinking age is 21.  Alabama is very close to the zero tolerance levels for these groups of drivers.  This is also the case with individuals who operate commercial vehicle and machinery which can do a lot of serious damage in the hands of an impaired driver.

Furthermore, in Alabama as in many states, there exists an implied consent law.  This law applies to any person who drives on Alabama roadways.  Implied consent means that you agree to take chemical and blood tests or urine tests to determine your sobriety from the moment you drive down the road for the first time.  Refusal to cooperate with authorities can result in a suspended license.