Facing a Driving Under the Influence (DUI) charge in Alabama can have serious consequences, affecting your freedom, finances, and future. At JB Brown Criminal Trial Practice, our experienced DUI lawyers are dedicated to providing aggressive and knowledgeable representation to protect your rights and achieve the best possible outcome.
Understanding Alabama DUI Laws
In Alabama, a person is considered legally impaired if operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for individuals under 21, it’s 0.02%. Additionally, driving under the influence of controlled substances is prohibited.
Penalties for DUI Convictions in Alabama
The severity of DUI penalties in Alabama escalates with each subsequent offense within a 10-year period.
First Offense
Imprisonment: Up to 1 year
Fines: Between $600 and $2,100
License Suspension: 90 days
Ignition Interlock Device (IID): 6 months mandatory installation
Note: Aggravating factors such as a BAC of 0.15% or higher, refusal to submit to a BAC test, causing injury, or having a minor passenger can result in enhanced penalties.
Second Offense (Within 10 Years)
Imprisonment: 5 days to 1 year
Fines: Between $1,100 and $5,100
License Revocation: 1 year
IID: 2 years mandatory installation
Third Offense (Within 10 Years)
Imprisonment: 60 days to 1 year
Fines: Between $2,100 and $10,100
License Revocation: 3 years
IID: 3 years mandatory installation
Fourth or Subsequent Offense (Within 10 Years)
Classification: Class C Felony
Imprisonment: 1 year and 1 day to 10 years
Fines: Between $4,100 and $10,100
License Revocation: 5 years
IID: 4 years mandatory installation
Potential Defenses Against DUI Charges
An experienced DUI lawyer can employ various defense strategies, including:
Unlawful Traffic Stop: Challenging the legality of the initial stop if there was no reasonable suspicion of a traffic violation or criminal activity.
Inaccurate Field Sobriety Tests: Questioning the administration and accuracy of field sobriety tests, which can be influenced by factors unrelated to impairment.
Faulty Breathalyzer or Blood Test Procedures: Identifying issues with the calibration, maintenance, or administration of BAC testing devices that could lead to inaccurate results.
What Happens to Your License After a DUI Arrest?
In Alabama, your license can be suspended in two ways after a DUI charge:
- Administrative Suspension (ALS):
If you refuse a breathalyzer or blow over the legal limit of 0.08% (or 0.02% if you’re under 21), the Alabama Law Enforcement Agency (ALEA) can suspend your license before you ever go to court. This administrative suspension can go into effect just 45 days after your arrest unless you request a hearing within 10 days. - Court-Ordered Suspension:
If you’re convicted of DUI in court, your license will be suspended as part of your sentence. The length of the suspension depends on whether it’s your first offense or a repeat offense.
DUI License Suspension Periods
- 1st Offense: 90-day suspension
- 2nd Offense (within 10 years): 1-year revocation
- 3rd Offense (within 10 years): 3-year revocation
- 4th Offense or more: 5-year revocation
In some cases, you may be eligible for an ignition interlock device in place of suspension, especially for first-time offenders or those who qualify for a hardship license.
Act Fast – Protect Your Driving Privileges
Time is critical after a DUI arrest in Alabama. You only have 10 days to request an administrative hearing to contest your license suspension. If you miss that window, your license will automatically be suspended—even if you haven’t been convicted yet.
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