Drunk Driving Defense Laws in Alabama

Drunk driving is a common criminal charge, but it carries heavy penalties. Before taking the wheel while drinking or immediately after an arrest for drunk driving, you should be familiar with the specific DUI laws in Alabama. Understanding how your state handles drunk driving can help you better understand your rights and find a knowledgeable Alabama DUI defense attorney to help resolve your case.

Alabama Drunk Driving Laws

Alabama law sets the legal alcohol limit for the everyday driver at .08% BAC but there are some instances where this threshold is lower. The legal limit for commercial drivers is .04% BAC but for school bus drivers, daycare bus drivers, or drivers under the age of 21, the legal limit is .02% BAC.

Implied consent: Yes

Enhanced penalties: .15% BAC or more; child endangerment; driving with a suspended or revoked license; injury to passenger, refusal to take a BAC test.

Criminal and Civil Penalties:

• First offense: misdemeanor with up to one year in county jail; $600 to $2,100 fine; 90-day license suspension or if the BAC level is .14% or less the individual can choose to have the 90-day license suspension stayed and install an approved ignition interlock device for 90 days. If the BAC level is .15 or higher there is a mandatory 90-day license suspension period and ignition interlock device (IID) requirement.
• Second offense: misdemeanor imprisonment, which may include hard labor in the county or municipal jail for not more than one year and a mandatory minimum sentence of not less than 5 days or community service for not less than 30 days; $1,100 to $5,100 fine; one-year license revocation; two-year ignition interlock restriction
• Third offense: misdemeanor with not less than 60 days to no more than 1 year in jail; With a mandatory minimum of 60 days in the county jail that must be served. $2,100 to $10,100 fine; three-year license revocation; three-year ignition interlock restriction
• Fourth offense: Class C Felony with not less than 1 year and 1 day nor more than 10 years imprisonment; $4,100 to $10,100 fine; five-year license revocation; four-year ignition interlock restriction

Additionally, at a minimum, all persons convicted of any offense have to participate in an approved alcohol treatment program to regain driving privileges. Drivers convicted with a BAC of .15% or more will face a double mandatory minimum sentence.

DUI Penalties in Alabama

A DUI is a serious offense in Alabama, resulting in some of the harshest penalties dispensed by the nation’s justice system. Learning about these laws can often stop a DUI before it occurs and at the very least lets, all involved parties know exactly where they stand before they go to court for a DUI.

A first conviction means a mandatory driver’s license suspension for 90 days as well as DUI school, and drug and alcohol treatment. Even on a first conviction, if an individual’s BAC is .15 or more, they will face a 90-day driver’s license suspension and a mandatory one-year ignition interlock device installation period. Alabama has no mandatory jail sentence for a first conviction but under some circumstances, defendants could receive a sentence of up to a year in jail.

A second DUI conviction has more severe penalties including a jail term of not less than 5 days or community service for not less than 30 days. A second conviction also means a fine between, $1, 100 to $5,100 as well as a one-year driver’s license revocation and a requirement for installation of an ignition interlock device for two years.

For a third conviction within a five-year period, defendants can expect even more severe penalties. These include a mandatory 60-day jail term without a chance of sentence suspension or probation. In addition, drivers will have to pay a fine of between $2,100 and $10,100 and have their driver’s licenses revoked for three years.

For four or more additional arrests within five years, defendants may be charged with a Class C felony DUI. If convicted, the penalties include driver’s license revocation for five years, a requirement for mandatory installation of an ignition interlock device for four years, and fines of up to $10,100, and imprisonment for not less than one year and one day one nor more than ten years.

DUI Attorneys Protect Your Rights

Fortunately, those arrested for drunk driving in Alabama have a chance of escaping the harshest penalties by avoiding a conviction for DUI altogether. Your DUI defense attorney can investigate the circumstances behind the blood alcohol testing and arrest to ensure your rights are protected. In many cases, your lawyer can negotiate with the judge and prosecutor to reduce the DUI penalties.