Basic Overview of Alabama DUI Laws

Blood Alcohol Content Level: .08
Automatic Suspension of License for Failure of
Blood Alcohol Test or Refusal to submit to test: Yes
Ignition Interlock Requirement upon Conviction: No
Felony Conviction for Repeat Offenses: Yes

Summary of Alabama’s DUI Laws

In Alabama a person may be charged with Driving Under the Influence (DUI) if he is in actual physical control of a motor vehicle while (1) there is 0.08% or greater of alcohol in his blood, (2) under the influence of alcohol, (3) under the influence of a controlled substance, (4) under the joint influence of alcohol and a controlled substance, or (5) under the influence of any substance which impairs mental or physical faculties. §32-5A-191(a)(1)-(5), Code of Ala. 1975. Many people labor under the mistaken belief that they have to be driving a vehicle to be charged with DUI. But, to be charged with DUI, a person need only be in actual physical control of a motor vehicle. Actual physical control is the exclusive physical power, and present ability, to use, move, park, or direct whatever use or nonuse is to be made of a motor vehicle now, as determined by the totality of the circumstances. Adams v. State, 585 So.2d 161 ( Ala. 1991). For instance, a person who meets one of the above rules and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI.

There are several occasions when people will be held to a higher standard than those rules said above. As part of the deterrence to underage drinking a person under the age of 21 may not be in actual physical control of a motor vehicle with a blood alcohol level of 0.02% or greater. An under-aged person (under 21) convicted, or judged guilty of DUI with a blood alcohol level between 0.02% and 0.08% on a 1st offense DUI will have his drivers license suspended for a least of 30 days and any other punishments imposed by the court. § 32-5A-191(b), Code of Ala. 1975. The penalties are more severe if the under-aged person had a blood alcohol content of over .08%. Also, a person who is using a school bus or a day care vehicle is banned from running a vehicle while there is 0.02% or greater of alcohol by weight in his blood. If a person is convicted under this section, besides to any other penalties, he must have his driver’s license suspended for a minimum of 1 year. § 32-5A-191(c), Code of Ala. 1975.

The penalties for DUI have increased dramatically in the past few years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI offenses. The first DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The defendant will also be ordered to be at a court approved substance abuse program and he will have his driver’s license suspended for 90 days. § 32-5A-191(e), Code of Ala. 1975.

If a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. Yet, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense. A second DUI is a misdemeanor with a jail term of at least 5 days and up to 365 days in the county or municipal jail. A court may allow a defendant to do 30 days of community service instead of the needed 5 days imprisonment. On a second conviction the accused will be fined between $1,100 and $5,100, his license will be suspended for 1 year, and he will be wanted to go to a court ordered treatment program. § 32-5A-191(f), Code of Ala. 1975.

A third DUI conviction within a person’s lifetime is also a misdemeanor. Upon conviction he will be sentenced to at least 60 days and no more than 1 year in the county or municipal jail. The accused will be fined between $2,100 and $10,100, have his driver’s license suspended for 3 years and must be required to finish a court ordered alcohol treatment program. § 32-5A-191(h), Code of Ala. 1975.

The fourth, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to at least one year and one day and no more than 10 years imprisonment. He will be fined between $4,100 and $10,100 dollars, and have his driver’s license suspended for 5 years. The accused will also be needed to go to a court approved substance program. § 32-5A-191(e), Code of Ala. 1975. § 32-5A-191(h), Code of Ala. 1975

A person considering their options in a DUI case should also be aware that in the spring of 1999 the legislature passed Alabama’s first child enhancement change for DUI cases. This change doubles the smallest punishments if a person over the age of 21 is convicted of DUI and, when of the stop, they had a child under the age of 14 in the vehicle. § 32-5A-191(n), Code of Ala. 1975.

If people are arrested for DUI and driving a commercial vehicle, special rules apply. The blood alcohol limit is .04%.

We also have a law concerning boating under the influence of alcohol and/or a controlled substance. The “legal limit” on the water of this state is at .10% blood alcohol.

Alabama Drunk Driving Resource Links :

http://www.dui1.com/DuiCaseLawStateALPage2.htm
http://www.totaldui.com/pdf/dui_state_law_alabama.pdf

If someone is arrested for drunk driving, most states make the assumption that the person has a drinking problem and they mandate alcohol evaluation, education and treatment before restoring driving privileges. Many of those who are arrested or convicted of DUI are not alcholics or people with drinking problemsbut the law doesn’t see it that way. Consider the increase in the number of DUI arrests around the holidays when most adults will be out at parties and it’s not uncommon to have one too many drinks with friends. This does not mean that a person who has made an error in judement should be harassed, punished excessively or lose their employment because of a mistake.

Laws regarding drunk driving vary from state to state. These pages will attempt to explain the highlights of the laws of each state in the US for driving under the influence, driving while intoxicated or operating a vehicle while intoxicated and offer information regarding legal issues that may face anybody pulled over for a DUI.