What are DUI penalties in Alabama?
Alabama DUI law is found at Ala. Code § 32-5A-191 and uses a five-tier offense structure.
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (Ala. Code § 32-5A-191(b)).
2. First Offense — Misdemeanor: up to 1 year jail (no minimum unless BAC .15+), $600-$2,100 fine, 90-day license suspension, mandatory completion of DUI substance abuse program (Court Referral Program), and ignition interlock for 6 months if BAC .15+, refusal, child under 14 in vehicle, or accident causing injury.
3. Second Offense within 10 years — Misdemeanor: 5 days to 1 year jail (mandatory minimum 5 days or 30 days community service), $1,100-$5,100 fine, 1-year license revocation, mandatory IID for 2 years.
4. Third Offense within 10 years — Misdemeanor: 60 days to 1 year jail (mandatory minimum 60 days), $2,100-$10,100 fine, 3-year license revocation, mandatory IID for 3 years.
5. Fourth Offense within 10 years — Class C felony: 1 year and 1 day to 10 years prison (mandatory minimum 1 year and 1 day), $4,100-$10,100 fine, 5-year license revocation, mandatory IID for 5 years.
6. Vehicular Homicide While Intoxicated (§ 32-5A-192) — Class B felony: 2-20 years prison.
7. Implied Consent (§ 32-5-192) — Refusing chemical test triggers 90-day license suspension for first refusal (1 year for second). The refusal can be admitted at trial as evidence.
8. Ignition Interlock Device (Mandi's Law, 2012; expanded 2014) — Required for: any conviction with BAC .15+, refusal, child under 14 in vehicle, accident causing injury, and all second/third/fourth offenses. First-time offenders can opt for IID in lieu of license suspension under certain conditions.
9. Court Referral Program — Mandatory substance abuse evaluation and treatment for all DUI convictions.
10. Aggravating Factors — Child under 14 in vehicle triggers mandatory IID and doubles fine; high BAC of .15+ triggers IID and increases mandatory minimums for repeat offenders.
11. SR-22 Insurance — Required for 3 years after license reinstatement.
This is legal information, not legal advice.
- Any DUI charge — always get an attorney
- Accident with injuries
- Prior DUI convictions
- Felony fourth DUI
- Ala. Code § 32-5A-191
- Ala. Code § 32-5A-192
- Ala. Code § 32-5-192
- Ala. Code § 32-5A-191.4
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.