Google+ Twitter Linkedin

Alabama DUI Laws & Penalties

Alabama DUI law states that a person is considered to be driving under the influence of alcohol or a controlled substance if their blood alcohol level is .08% or greater per Alabama DUI law code §32-5A-191.

Any person under the age of 21 shall be considered to be under the influence per §32-5A-191 if their blood alcohol level is .02% or greater.  Any school bus driver or day care driver shall be considered to be under the influence per §32-5A-191 if their blood alcohol level is .02% or greater.

A person arrested on a first offense DUI charge in Alabama only has ten days from the date of the arrest in which to request an administrative hearing with the Alabama Department of Public Safety if they wish to maintain their driving privileges by obtaining a restricted driver's license during the mandatory suspension period.  A request for an administrative hearing made after the 10 day period will not be granted and the suspension imposed by the Alabama DPS will be upheld.

Alabama First Offense DUI Penalties

A first offense DUI charge in Alabama means that the defendant has had no prior DUI convictions within the past 5 year.  A first offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The maximum amount of jail time for a first offense charge can be up to 1 year.  There is no minimum mandatory jail time for a first offense charge.  The amount of jail time can be increased at the judges discretion based upon the circumstances surrounding the arrest.

Fines:  The minimum fines for a first offense charge will be $500 and can be increased based upon the circumstances surrounding the arrest up to $2,000 for a first offense.  There is also a $100 fine assessed to the Impaired Drivers Trust fund per Alabama code §32-5A-191.1, this fine is in addition to the minimum fines imposed by the court.

License Suspension:  The defendant's driver's license will be suspended by the Alabama DPS for 90 days. If the Alabama DPS grants the defendant a limited work only license to drive to and from work and to DUI school, the DPS will require proof of financial responsibility in the form of an Alabama SR22 insurance policy before they will issue a limited license.  A limited work only license will only be granted if the court deems the defendant not to be a risk to the general public.

DUI School:  The defendant will be required to attend a court ordered and approved DUI school and/or a substance abuse program.

Test Refusal:  Refusal to submit to a chemical test can be used as a presumption of guilty and will result in an additional 90 day suspension of your driver's license.

Get An Alabama SR22 Insurance Quote & Filing Now!
Zip Code:

 

 

 

Alabama Second Offense DUI Penalties

A second offense DUI charge in Alabama means that the defendant has had one prior DUI conviction within the past 5 years.  A second offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The mandatory minimum jail sentence for a second offense charge is five days in jail or up to 1 year in jail.  The amount of jail time can be increased from the minimum up to the maximum at the judges discretion based upon the circumstances surrounding the arrest and previous convictions.  The judge may order the defendant to serve 30 days of community service in lieu of the mandatory 5 days jail sentence.

Fines:  The minimum fines for a second offense charge will be $1,000 and can be increased based upon the circumstances surrounding the arrest up to a maximum of $5,000 for a second offense charge.  There is also a $100 fine assessed to the Impaired Drivers Trust fund per Alabama code §32-5A-191.1, this fine is in addition to the fines imposed by the court.

License Revocation:  The defendant's driver's license will be revoked by the Alabama DPS for 1 year. The Alabama DPS will not grant a limited work only license to someone convicted of a second offense within a 5 year period.  You will be require to show proof of an Alabama SR22 Insurance policy before the DPS will reinstate your license.

DUI School:  The defendant will be required to attend a court ordered and approved DUI school and/or a substance abuse program.

Alabama Third Offense DUI Penalties

A third offense DUI charge in Alabama means that the defendant has had two prior DUI convictions within their lifetime.  A third offense charge is considered a misdemeanor charge and carries the following penalties:

Jail time:  The mandatory minimum jail sentence for a third offense charge is 60 days in jail or up to 1 year in jail.  The amount of jail time can be increased from the minimum up to the maximum at the judges discretion based upon the circumstances surrounding the arrest and past convictions.

Fines:  The minimum fines for a third offense charge are $2,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions up to a maximum of $10,000 for a third offense charge.  There is also a $100 fine assessed to the Impaired Drivers Trust fund per Alabama code §32-5A-191.1, this fine is in addition to the fines imposed by the court.

License Revocation:  The defendant's driver's license will be revoked by the Alabama DPS for 3 years. The Alabama DPS will not grant a limited work only license to someone convicted of a third offense within their lifetime.  You will have to show proof of SR22 insurance coverage before the DPS will reinstate your license.

DUI School:  The defendant will be required to attend a court ordered and approved DUI school and/or a substance abuse program.

Alabama Fourth or Subsequent Offense DUI Penalties

A fourth offense or subsequent DUI charge in Alabama means that the defendant has had three or more prior DUI convictions within their lifetime.  A fourth or subsequent offense charge is considered a Class A Felony charge and carries the following penalties:

Jail time:  The mandatory minimum jail sentence for a fourth or subsequent offense charge is 1 year and 1 day in jail or up to 10 years in jail.  The amount of jail time can be increased from the minimum up to the maximum at the judges discretion based upon the circumstances surrounding the arrest and past convictions.

Fines:  The minimum fines for a fourth or subsequent offense charge are $4,000 and can be increased based upon the circumstances surrounding the arrest and previous convictions up to a maximum of $10,000 for a fourth offense charge.  There is also a $100 fine assessed to the Impaired Drivers Trust fund per Alabama code §32-5A-191.1, this fine is in addition to the fines imposed by the court.

License Revocation:  The defendant's driver's license will be revoked by the Alabama DPS for 5 years. The Alabama DPS will not grant a limited work only license to someone convicted of a fourth or subsequent offense within their lifetime.  You will be required to file an SR22 with the DPS before they will reinstate your driver's license.

DUI School:  The defendant will be required to attend a court ordered and approved DUI school and/or a substance abuse program.

 

Complying with the Court Orders

Failure to comply with any court ordered requirements will make a defendant ineligible for a driver's license reinstatement and may include a return trip to court and additional jail time for failure to comply with court orders.

SR22 Insurance Requirements

Before the Alabama DPS will reinstate your driver's license following a suspension or revocation period, you must show proof of successful completion of the court ordered DUI school or substance abuse program along with proof of financial responsibility in the form of an SR22 filing with the DPS before they will reinstate your driver's license.

You will be required to maintain this SR22 filing for a period of 3 years following the reinstatement of your driver's license.  if at anytime during this 3 year period you are even one day late on making your payment to your SR22 insurance provider, they are obligated to inform the Alabama DPS of this lapse in coverage and the DPS will suspend or revoke your license immediately.

You will then have to file another SR22 with the DPS in order for them to reinstate your license.  You should know that the costs for Alabama SR22 insurance can vary greatly from company to company so it is important that you find the best deal you can on SR22 insurance upfront since you will have to maintain the policy for the next three years.

DUI Process.com has partnered with the largest and most trusted SR22 insurance provider in the state of Alabama and has worked out a special discount only available here for our website visitors.

You won't be able to find a cheaper SR22 insurance policy in Alabama for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.

Get An Alabama SR22 Insurance Quote & Filing Now!
Zip Code:

 

 

 

Other Alabama DUI Resources

  • Alabama First Offense DUI - First offense information including penalties, fines, potential jail time, license suspension, DUI classes, and much more.

  • Alabama SR22 Insurance Filing - We have compiled everything you need to know about Alabama's SR22 insurance and filing requirements including important addresses, phone numbers, etc.

  • Alabama Alcohol Abuse Classes - We offer a complete listing of state approved DUI & alcohol abuse classes.

  • Alabama Bail Bondsmen - Comprehensive list of Alabama bail bond agents including address, phone, website, etc.

  • Alabama DUI Courts - Comprehensive list of Alabama's criminal courts listed by County.

  • Jails in Alabama - Comprehensive list of Alabama's jails and contact information.