DUI Laws in Alabama

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What are the penalties for a DUI in Alabama?

	1stOffense	2nd Offense	3rd Offense	4thOffense
Jail	None	5 days	60 days	1 year
Fines and Penalties	$600 to $2,100	$1,100 to $5,100	$2,100 to $10,000	$4,100 to $10,100
License Suspension	90 days	1 year	3 years	5 years
IID** Required	No	No	No	No

Note: All convicted DUI offenders are required to complete a DUI or substance abuse court referral program.

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Alabama?

Under 21	.02%
21 or older	.08%
Commercial	.04%

** BAC = blood alcohol content

How many drinks does it take? Check theBAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Alabama?

Alabama has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Alabama’s implied consent law.

	1st Offense	2d Offense	3rd Offense
Refusal to take test	90 day suspension of license	1 year suspension of license	1 year suspension of license

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Alabama?

No, a plea bargain for a conviction of "wet reckless" (reckless driving involving alcohol) is barred by statute in Alabama.

Drinking and Driving Laws in Alabama

The State of Alabama like the rest of the United States has a drunk driving law that prohibits a person from driving when they have a blood alcohol concentration (BAC) of .08 percent or more alcohol in their blood system. Studies done by government researchers have shown that a BAC level of .05 percent impairs the driving ability of most individuals and a BAC level of .08 percent impairs all individuals.

How many drinks does it take to reach the legal limit? There isn't one right answer to this question. There are calculators and charts that can provide a reference based on certain criteria, however these devices shouldn't be used as the deciding factor when considering drinking and driving. In reality it takes very little alcohol to become legally drunk and physical characteristics such as weight, gender and body fat percentage can all be factors in the equation. The best answer is to have zero drinks before you drive.

The Alabama Point System and Drivers License Suspension

Like other states around the country, Alabama has a point system designed to punish driver's that repeatedly disobey driving laws. The list below shows the offenses with their corresponding point scores.

Points are assessed for various violations as follows:

• Any conviction which resulted from a charge that involved 6 Points the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license
• Reckless Driving 6 Points
• Speeding In Excess of 5 Points 85 MPH (86 or above)
• Failure to Yield Right of Way 5 Points
• Passing Stopped School Bus 5 Points
• Wrong Side of Road 4 Points
• Illegal Passing 4 Points
• Following Too Closely 3 Points
• Disregarding Traffic Control Device (stop sign, traffic light) 3 Points
• Speeding in Excess of Posted Limits 2 Points
• All Other Moving Violations 2 Points

The following schedule is used to determine the length of a suspension period:

• 12-14 Points in a 2-year period 60 days
• 15-17 Points in a 2-year period 90 days
• 18-20 Points in a 2-year period 120 days
• 21-23 Points in a 2-year period 180 days
• 24 and above points in a 2-year period 365 days

(After a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver’s record)

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Alabama Driving Law

Information on Alabama driving law and Alabama traffic laws...

You are responsible for obeying all Alabama traffic laws. If you are arrested for violating Alabama driving law and convicted, you may, in addition to the punishment handed down by the court, lose your driver license through cancellation, revocation, suspension, or disqualification.

Cancellation of Driver License

Alabama law authorizes the Director of Public Safety to cancel any driver license upon determining that a person was not entitled to the license.

Failing to give required or correct information on a driver license application or committing any fraud in making an application is a violation of Alabama driving law and is also grounds for license cancellation.

Revocation of Driver License

A driver license may be revoked if a driver is convicted of certain offenses of Alabama traffic laws. After the period of revocation has expired, the driver may apply for a new driver license and will be required to take and pass the complete examinations.

According to Alabama driving law, the Director must revoke your license upon receiving a record of your conviction for:

• Manslaughter or homicide resulting from the operation of a motor vehicle.
• Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor upon a second or subsequent conviction.
• Driving a motor vehicle while a habitual user or under the influence of a controlled substance to a degree rendering you incapable of safely driving a motor vehicle upon a second or subsequent conviction.
• Using a motor vehicle in the commission of a felony.
• Failures to stop, render aid, or identify yourself in the event of a motor vehicle accident resulting in the death or personal injury of another.
• Perjury or the making of a false affidavit or statement under oath to the Director regarding driver license laws or under any other laws relating to the ownership or operation of motor vehicles.
• Three reckless driving convictions within 12 months.
• Unauthorized use of a motor vehicle belonging to another.

Suspension of Driver License

The Alabama driving law states that a driver license may be suspended if a driver is convicted of certain offenses or is judged incompetent to operate a motor vehicle.

After the period of suspension, the driver license will be reinstated unless it expired during the period of the suspension, or unless all the requirements of the suspension and Alabama traffic laws were not met.

In accordance with Alabama driving law, your driver license may be suspended if you:

• Have committed an offense for which mandatory revocation of license is required upon conviction.
• Have been convicted of violating Alabama driving law with such frequency of serious offenses against traffic regulations governing the movement of vehicles to indicate disrespect for traffic laws, and a disregard for the safety of other persons on the highways.
• Are a habitually reckless or negligent driver of a motor vehicle as established by a record of accidents or other evidence.
• Are incompetent to drive a motor vehicle.
• Have permitted an unlawful or fraudulent use of your license or mutilated such license.
• Have committed an offense in another state which, if committed in this state under Alabama driving law, would be grounds for suspension or revocation.
• Are convicted of fleeing or attempting to elude a police officer.
• Are convicted of racing on the highways.
• Fail to answer a traffic court summons on time.
• Are ages 15 through 18 and withdraw from school under certain conditions prior to graduation.

In accordance with Alabama traffic laws, after a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver’s record.

The Alabama Point System

The point system has been instituted in Alabama driving law as a means of identifying the problem driver (one who continually disobeys the motor vehicle laws).

Points are assessed for various violations as follows:

• Any conviction for violation of Alabama driving law which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license - 6 Points
• Reckless Driving - 6 Points
• Speeding In Excess of 85 MPH (86 or above) - 5 Points
• Failure to Yield Right of Way - 5 Points
• Passing Stopped School Bus - 5 Points
• Wrong Side of Road - 4 Points
• Illegal Passing - 4 Points
• Following Too Closely - 3 Points
• Disregarding Traffic Control Device (stop sign, traffic light) - 3 Points
• Speeding in Excess of Posted Limits - 2 Points
• All Other Moving Violations - 2 Points

From:http://www.statedrivinglaw.com/