Alabama · DUI
Alabama DUI laws and penalties
Alabama's legal BAC limit is 0.08%. For a first offense, Alabama's statute provides jail of up to 1 year, a fine of $600 to $2,100, and a license suspension of 90 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Alabama DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 10 years
- Prior DUI offenses that count
License hearing: ask within 10 days
Ask within 10 days of the notice of intended suspension. A request does not stop the suspension. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more the minimum punishment is at least doubled and a one-year ignition interlock is mandatory.
Ignition interlock. Optional in a standard case (it stays the 90-day suspension); mandatory for one year if you refused the test, a child under 14 was in the car, someone was injured, or the BAC was 0.15 or more.
01Penalties
Alabama DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 5 days |
| Jail (maximum) | 1 year | 1 year |
| Fine (minimum) | $600 | $1,100 |
| Fine (maximum) | $2,100 | $5,100 |
| License suspension | 90 days | 1 year |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Alabama compares
Of the 49 states with a confirmed BAC limit, 48 (Alabama among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Alabama requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Alabama gives 10.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Alabama (this page) | 0.08% | 10 days | In some cases | Up to 1 year | $600 to $2,100 | 90 days |
| Florida | 0.08% | 10 days | At the judge's discretion | Up to 6 months | $500 to $1,000 | 180 days to 1 year |
| Georgia | 0.08% | 30 days | Not required | 10 days to 12 months | $300 to $1,000 | 12 months |
| Mississippi | 0.08% | 30 days | At the judge's discretion | Up to 48 hours | $250 to $1,000 | 120 days |
| Tennessee | 0.08% | No fixed deadline | Required | 48 hours to 11 months and 29 days | $350 to $1,500 | 1 year |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Alabama
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Ask within 10 days of the notice of intended suspension. A request does not stop the suspension.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Alabama's statute provides jail of up to 1 year, a fine of $600 to $2,100, and a license suspension of 90 days. See the penalties table above.
04Sources
Where Alabama's figures come from
- Ala. Code § 32-5A-191(a) (alison.legislature.state.al.us)Main statute · BAC limit, age 21 and over · Higher BAC level · BAC limit under 21 · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- Ala. Code § 32-5A-307(a) (alison.legislature.state.al.us)License hearing request
Show the exact words behind each figureHide the exact words
- Main statute
Ala. Code § 32-5A-191
Ala. Code § 32-5A-191(a)
Section 32-5A-191 Driving While Under Influence of Alcohol, Controlled Substances, Etc.
- BAC limit, age 21 and over
0.08%
Ala. Code § 32-5A-191(a)(1)
There is 0.08 percent or more by weight of alcohol in his or her blood;
- Higher BAC level
0.15%
Ala. Code § 32-5A-191(i)
When any person convicted of violating this section is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment
- BAC limit under 21
0.02%
Ala. Code § 32-5A-191(b)
A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
- Lookback period
10 years
Ala. Code § 32-5A-191(p)(1)
a prior conviction for driving under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory shall be considered by a court for imposing a sentence pursuant to this section if the prior conviction occurred within 10 years of the date of the current offense.
- License hearing request
10 days
Ala. Code § 32-5A-307(a)
The request shall be received by the agency or be mailed and postmarked within 10 days of the notice of intended suspension issued pursuant to Section 32-5A-303 or the notice of suspension issued pursuant to Section 32-5A-302 where no notice of intended suspension was served.
- Ignition interlock, first offense
Required in some cases
Ala. Code § 32-5A-191(e)
The 90-day suspension shall be stayed if the offender elects to have an approved ignition interlock device installed and operating on the designated motor vehicle driven by the offender for 90 days.
- First offense: jail, minimum
None
Ala. Code § 32-5A-191(e)
Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment.
- First offense: jail, maximum
1 year
Ala. Code § 32-5A-191(e)
Same passage as above.
- First offense: fine, minimum
$600
Ala. Code § 32-5A-191(e)
Same passage as above.
- First offense: fine, maximum
$2,100
Ala. Code § 32-5A-191(e)
Same passage as above.
- First offense: license
90 days
Ala. Code § 32-5A-191(e)
In addition, on a first conviction, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver’s license of the person convicted for a period of 90 days.
- Second offense: jail, minimum
5 days
Ala. Code § 32-5A-191(f)
The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days.
- Second offense: jail, maximum
1 year
Ala. Code § 32-5A-191(f)
On a second conviction, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year.
- Second offense: fine, minimum
$1,100
Ala. Code § 32-5A-191(f)
Same passage as above.
- Second offense: fine, maximum
$5,100
Ala. Code § 32-5A-191(f)
Same passage as above.
- Second offense: license
1 year
Ala. Code § 32-5A-191(f)
shall revoke the driving privileges or driver’s license of the person convicted for a period of one year and the offender shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of two years
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.