What happens if I get a DUI in Alabama?

Alabama prosecutes DUI under a single statute covering both alcohol and drugs, with mandatory minimums for elevated BAC and child-passenger enhancements.

1. Per Se BAC Standard

Ala. Code § 32-5A-191(a)(1) sets adult per se DUI at 0.08% BAC; § 32-5A-191(a)(2) covers driving "under the influence of alcohol"; commercial limit is 0.04% under § 32-6-49.9; under-21 limit is 0.02% under § 32-5A-191(b).

2. Implied Consent

Ala. Code § 32-5-192 requires submission to chemical testing. First refusal triggers a 90-day Department of Public Safety license suspension (1 year if prior refusal). Refusal hearing must be requested within 10 days of notice.

3. First-Offense Penalties

First DUI under § 32-5A-191(e): up to 1 year jail, $600-$2,100 fine plus court costs, 90-day license suspension (1 year if BAC 0.15%+ or refusal), mandatory DUI substance abuse program (Court Referral Officer program), and ignition interlock mandatory if BAC 0.15%+ for 2 years under § 32-5A-191(h).

4. Enhancements

Fourth DUI within 10 years is a Class C felony under § 32-5A-191(h) with 1-10 year prison and 5-year ignition interlock. DUI with child under 14 passenger under § 32-5A-191(n) doubles the penalty. Homicide by vehicle while DUI (§ 32-5A-192) is a Class B felony with 2-20 year sentence.

5. Administrative License Suspension (ALS)

The officer takes your license and issues a 45-day temporary permit. You have 10 days to request an administrative hearing with the Alabama Law Enforcement Agency (ALEA) Driver License Division. The 90-day suspension takes effect after the 45-day temporary permit expires.

6. Court Process

Municipal Court or District Court arraignment, pretrial conferences, motions practice (Ala. R. Crim. P. 13), plea negotiations, with right to de novo trial in Circuit Court with 12-person jury.

7. Long-Term Consequences

SR-22 high-risk insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI may be expunged under § 15-27-1 if charges were dismissed or you were found not guilty (but not after a conviction), conviction stays on driving record permanently.

This is legal information, not legal advice.