In Alabama, it is illegal to operate a motor vehicle if your blood alcohol content (BAC) is 0.08 or more. If you’re a person operating a commercial vehicle, it is illegal if your blood alcohol content (BAC) is 0.04 or more. If you’re a person under the age of 21, a school bus driver, or a daycare driver, it is illegal if your blood alcohol content (BAC) is 0.02 or more.
First DUI Offense
Your first DUI offense in Alabama is a misdemeanor. Your license will be suspended for 90 days. If you would like to maintain your driving privileges during the 90 day period, it is essential that you have your DUI attorney request for an administrative hearing within 10 days of the DUI arrest. The administrative hearing doesn’t take place in a court, but it is still recommended to have your DUI attorney represent you at the hearing. Once convicted, you can get up to 1 year of prison time depending on the circumstances. You will also be required to pay a fine between $600 and $2100, which includes a $100 fine assessed for the Alabama Impaired Drivers Trust Fund. The last requirement for your first time offense will be to attend Alabama DUI School, or a substance abuse program. Failure to attend the school/program will result in your driver’s license not being reinstated.
Second DUI Offense
Your second DUI offense in Alabama within a five year period is a misdemeanor. You will face a license suspension for 1 year. You will also be sentenced to a jail term of no less than five days and up to 365 days in a county or municipal jail. A judge may allow you to serve 30 days of community service in place of a five day jail sentence. You will also be required to pay a fine between $1,100 and $5,100 (including a $100 fine assessed to the Alabama Impaired Drivers Trust Fund). Lastly, you will be required by the court to attend a court approved Alabama DUI school, or an Alabama substance abuse program. Failure to complete the Alabama DUI school/substance abuse program will cause the driver’s license not to be reinstated.
Third DUI Offense
Your third DUI offense in Alabama in your lifetime is a misdemeanor. You will face a license suspension for 3 years. You will also be sentenced to a jail term of no less than 60 days and up to 365 days in a county or municipal jail. You will also be required to pay a fine between $2,100 and $10,100 (including a $100 fine assessed to the Alabama Impaired Drivers Trust Fund). Lastly, you will be required by the court to attend a court approved Alabama DUI school, or an Alabama substance abuse program.
Fourth DUI Offense (or any subsequent DUI)
Your fourth DUI offense (or any subsequent DUI offense) in Alabama is a Class C felony. You will face a license suspension for 5 years. You will also be sentenced to a jail term of no less than one year and one day, and no more than 10 years. You will also be required to pay a fine between $4,100 and $10,100 (including a $100 fine assessed to the Alabama Impaired Drivers Trust Fund). Lastly, you will be required by the court to attend a court approved Alabama DUI school, or an Alabama substance abuse program. Failure to complete the Alabama DUI school/substance abuse program will cause the driver’s license not to be reinstated.