Alabama DUI Laws

In the state of Alabama, you can be arrested for and charged with a DUI, even if you are not driving the car. Alabama is an “actual physical control” state. What this means is Alabama DUI laws allow officers to arrest intoxicated individuals whether they are just sitting in the car or driving it. Actual physical control means the exclusive physical power, and present ability, to operate, move, park or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances. An individual that meets one of the above conditions and who is sitting in, or even asleep in a motor vehicle may be guilty of DUI, DWI, or drunk driving.

What is the blood alcohol content level (BAC) limit in the state of Alabama?

In the state of Alabama, it is a crime to operate a motor vehicle with a blood alcohol content  level (BAC) of 0.08% or higher. An Alabama DUI charge can be brought if whether the individual is actually impaired or not. If the alcohol level is .08% or above, the charges can be based on blood chemistry alone and not how the person was actually driving the car.

In the state of Alabama, what is the administrative license suspension period for a first offense?

If you have been arrested for DUI in the state of Alabama, the administrative license suspension time for a first offense is 90 days. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. Your driving privileges cannot be restored during the 90 day period.

In the state of Alabama, what are the penalties for a first offense? Second offense?

Penalties in the state of Alabama for a first offense do not include interlock. Interlock is a device that is installed on the ignition of the vehicle. The device analyzes the driver’s breath. If the driver has been drinking, the ignition will not start.

In the state of Alabama, a first DUI conviction is considered a misdemeanor. Once convicted, the defendant may have to spend up to 365 days in county or municipal jail. He will also be fined between $600 and $2,100 and he will have to attend a court approved substance abuse program. If a second offense is committed more than 5 years after the first offense, under Alabama’s 5-year “look-back” period for DUI laws, the punishment will be the same as if it were a first offense. If the second offense is committed within five years, it will be punished as a second offense. A second offense carries a jail sentence of no less than five days and up to 365 days in jail and fines between $1,000 and $5,100. The offender’s license will be suspended for one year and he will have to attend a court approved substance abuse program.

A third DUI conviction carries a penalty of a minimum 60 days in jail, but no more than a year, fines between $2,100 and $10,100 and the offender’s license will be suspended for three years. He will have to attend a court ordered treatment program. A fourth conviction is a Class C felony. The offender will be sentenced to no less than one year and one day on jail and no more than 10 years imprisonment, he will be fined between $4,100 and $10,100 and his license will be suspended for 5 years. He will also have to attend a court approved substance abuse program. For third and fourth offenses, in addition to jail time and fines, the penalties may include an ignition interlock device.