DUI vs DWI: What Is the Difference in Alabama?

Alabama does not use the term DWI. The state charges impaired driving exclusively as DUI under Alabama Code § 32-5A-191. There is no separate DWI offense in Alabama law. A first-offense DUI is a misdemeanor carrying up to one year in jail, a fine of $600 to $2,100, and a 90-day license suspension.

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Why Do People Search for DWI in Alabama?

People search for “DWI Alabama” because other states use that term for impaired driving offenses, and the terminology is often used interchangeably in casual conversation and national media. Texas, New York, New Jersey, North Carolina, and Missouri all use DWI (Driving While Intoxicated). If you moved to Alabama from one of those states, or if you are researching impaired driving laws generally, you may be looking for a charge that does not exist in Alabama’s code.

The distinction matters because legal advice that applies to a DWI state may not apply in Alabama. Alabama’s DUI statute has its own definitions, BAC thresholds, penalty structure, and administrative consequences that differ from DWI states. If you are facing an impaired driving charge in Alabama, the relevant statute is § 32-5A-191 and the charge is DUI.

How Do States Differ in What They Call Impaired Driving?

There is no national standard for what states call their impaired driving offense. Different states use different terms, and in some states the terms carry different legal meanings:

In some states, DUI and DWI are separate offenses with different elements and penalties. For example, New York uses both DWI and DWAI, where DWI applies at .08 BAC and DWAI applies at lower levels of impairment. Alabama does not make this distinction. In Alabama, there is one statute, one charge, and one set of penalties for all impaired driving offenses.

How Does Alabama Define DUI?

Under § 32-5A-191, a person commits DUI in Alabama if they drive or are in actual physical control of a vehicle while:

•       Under the influence of alcohol to a degree that renders the person incapable of safely driving — § 32-5A-191(a)(2)

•       Under the influence of a controlled substance to a degree that renders the person incapable of safely driving — § 32-5A-191(a)(3)

•       Under the combined influence of alcohol and a controlled substance — § 32-5A-191(a)(4)

•       Under the influence of any substance that impairs mental or physical faculties — § 32-5A-191(a)(5)

•       Having a blood alcohol concentration (BAC) of .08% or more — § 32-5A-191(a)(1)

Alabama uses a dual standard. You can be charged based on your BAC alone (the “per se” DUI) or based on observed impairment regardless of BAC. For drivers under 21, the threshold drops to .02 BAC under § 32-5A-191(b). For commercial vehicle drivers, the threshold is .04 BAC. “Actual physical control” means you can be charged even if the vehicle was not moving, as long as you had the exclusive physical power to operate it. For more on how Alabama charges and penalizes DUI, see our Alabama DUI defense page.

What Are the Penalties for DUI in Alabama?

Alabama’s DUI penalties escalate with each subsequent offense. Under § 32-5A-191(e), the penalty structure is tiered based on the number of prior offenses within the past 10 years and whether the BAC was .15 or higher:

In addition to jail time and fines, every DUI conviction in Alabama triggers a license suspension (90 days for a first offense, 1 year for a second, 3 years for a third, 5 years for a fourth), mandatory completion of a DUI or substance abuse court referral program, and potential installation of an ignition interlock device (IID). If a child under 14 was in the vehicle, the minimum penalties are doubled under § 32-5A-191(j).

A fourth DUI within 10 years is a Class C felony. For information on how a felony DUI works, see our Is a DUI a Felony in Alabama? explainer.

What Happens If a DUI Results in a Death or Serious Injury?

When a DUI results in a fatality, the charge escalates far beyond the DUI statute. A DUI-related death can be charged as criminally negligent homicide under § 13A-6-4 (elevated to a Class C felony because of the DUI component), manslaughter under § 13A-6-3 (Class B felony, 2 to 20 years), or murder under § 13A-6-2(a)(2) (Class A felony, 10 to 99 years or life) if the conduct demonstrated extreme indifference to human life. According to the National Highway Traffic Safety Administration (NHTSA), 11,904 people were killed in alcohol-impaired driving crashes in the United States in 2024, approximately 30% of all traffic fatalities. For a full breakdown of how Alabama charges driving-related deaths, see our homicide defense page.

How Does Alabama Prove a DUI?

Alabama uses several methods to establish impairment:

Breathalyzer testing. Alabama uses the Intoxilyzer 9000 and the Draeger Alcotest 9510 for evidentiary breath testing. A BAC of .08 or higher creates a per se DUI. However, breathalyzer results are not infallible. Calibration records, operator certification, observation period compliance, and the specific machine’s maintenance history are all challengeable.

Blood testing. Blood draws require a valid warrant or consent. The blood sample must be drawn by a qualified medical professional, transported and stored under proper chain of custody, and analyzed by a certified lab. Contamination, fermentation, and improper storage can all produce inaccurate results.

Field sobriety tests. Alabama officers use the standardized field sobriety tests (SFSTs) endorsed by the NHTSA: the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. These tests must be administered according to specific protocols. Deviations from protocol, medical conditions that affect balance, road surface conditions, and weather can all undermine the results.

Officer observations. Odor of alcohol, slurred speech, bloodshot eyes, unsteady gait, and erratic driving are all used to support impairment. These observations are subjective and challengeable.

What Defenses Are Available for DUI in Alabama?

At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us.

Challenging the Traffic Stop

The Fourth Amendment requires officers to have reasonable suspicion of a traffic violation or criminal activity to initiate a stop. If the stop was unlawful, every piece of evidence that flows from it, including breathalyzer results, field sobriety tests, and officer observations, is subject to suppression.

Challenging the Breathalyzer

Breathalyzer results are only as reliable as the machine and the operator. We challenge calibration records, operator certification, the 20-minute observation period requirement, and the specific machine’s error history. A breathalyzer result that is excluded from evidence often eliminates the state’s per se DUI case entirely.

Challenging the Blood Draw

A blood draw without a valid warrant or voluntary consent violates the Fourth Amendment under Missouri v. McNeely (2013). We examine whether the warrant was properly obtained, whether consent was truly voluntary, and whether the sample was handled and stored correctly throughout the chain of custody.

Challenging Field Sobriety Tests

SFSTs must be administered according to NHTSA protocols. We challenge whether the tests were conducted on a flat, well-lit surface, whether the officer properly demonstrated and instructed each test, and whether medical conditions, footwear, weather, or road conditions affected the results.

Rising BAC Defense

Alcohol takes time to absorb. If you consumed alcohol shortly before driving, your BAC may have been below .08 at the time of driving but above .08 at the time of testing. The relevant question is your BAC when you were behind the wheel, not when you blew into the machine.

Why Experience Matters

DUI cases are built on technical evidence that can be challenged at every stage. Our attorneys understand breathalyzer science, blood draw procedures, SFST protocols, and the constitutional requirements that law enforcement must follow. We have defended DUI cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama. For information on clearing your record, visit our expungement page.

Frequently Asked Questions About DUI and DWI in Alabama

Here are the questions we receive most often about impaired driving charges in Alabama.

What is the difference between DUI and DWI?

DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated. In states that use both terms, they may refer to different offenses with different BAC thresholds and penalties. Alabama uses only DUI under § 32-5A-191. There is no DWI charge in Alabama law.

Does Alabama have a DWI charge?

No. Alabama charges all impaired driving offenses as DUI under § 32-5A-191. If you received a DWI in another state and moved to Alabama, your driving record will reflect the out-of-state conviction, but any new charge in Alabama will be filed as a DUI.

What is the BAC limit for DUI in Alabama?

The legal limit is .08 BAC for drivers 21 and over, .04 for commercial vehicle drivers, and .02 for drivers under 21. You can also be charged at any BAC level if the officer determines you are impaired to a degree that renders you incapable of safely driving.

Is a DUI a felony in Alabama?

A first, second, or third DUI is a misdemeanor. A fourth DUI within 10 years is a Class C felony carrying 1 year and 1 day to 10 years in prison. A DUI that results in a death can be charged as a felony under the homicide statutes regardless of the number of prior offenses.

Can a DUI be expunged in Alabama?

Alabama does allow expungement of certain misdemeanor DUI convictions, but eligibility requirements are strict and waiting periods apply. Felony DUI convictions are more difficult to expunge. Avoiding a conviction in the first place is always the strongest outcome.

Choose JB Brown Criminal Trial Practice

If you are facing DUI charges in Alabama, contact JB Brown Criminal Trial Practice immediately at 205-583-7996. All consultations are completely confidential. The earlier experienced defense counsel is involved, the more options you have.