Alabama DUI Laws and Penalties

Drunk driving is responsible for the loss of innocent lives as well as extensive damage to property all throughout the United States. As a result, the law enforcement authorities of every state treat the cases of drunk driving with particular severity, imposing harsh penalties on them. Driving while intoxicated, better known as DWI, offenses and driving under influence (DUI) are one and the same in the State of Alabama, and they are frequently used interchangeably.

Blood Alcohol Content Levels

Alabama DUI Laws lay special emphasis on the blood alcohol levels of an individual while driving. Any vehicle driver with a blood alcohol level of over 0.08% is considered to be per se intoxicated. The term per se means that the concentration of alcohol in the blood is the only factor that is taken into account. The authorities do not consider it necessary to check whether the individual has actually consumed alcohol or simply appears to be intoxicated. The individual found to have higher levels of BAC is promptly arrested according to the laws of Alabama, regardless of any impairment to his driving skills.

The blood alcohol levels of 0.04% is deemed as illegal in drivers operating commercial vehicles. Such drivers run the additional risk of losing their license for an indefinite period of time with no possibility of applying for a hardship license.

Alabama DUI laws are harsher on young adults below the age of 21 who violate the DUI laws of the state. Underage drivers as well as the drivers engaged in driving school buses or day care vans need to be extra careful as they are liable to be convicted of DUI charges if their BAC levels rise slightly above 0.02%. Individuals who have not attained the legal age for drinking are subjected to incarceration or forced to attend classes at an  alcohol or drug abuse school if they are found to be guilty of drunk driving. The state of Alabama has zero tolerance for DUI violations by the minor residents of its state.

Increased penalty measures are also imposed on offenders found to have a BAC level of .15% to .20%. The DUI laws of Alabama necessitate increased prison time for such offenders, including suspension of licenses and additional monetary fines.

Implied Consent

Alabama also requires that a driver that is detained on DUI charges must take a breath test and provide samples of blood and urine for blood alcohol concentration levels. Refusing to take the tests are considered to be unfriendly acts, according to the state laws of Alabama. Refusing to submit to such tests is considered to be an offense in itself and carries penalties. The driver’s license is suspended by the department of safety for a period of 6 months to a year upon refusal.

Ignition Interlock

All offenders convicted of DUI violations in the state of Alabama are required to install an ignition interlock device in their vehicle after the revokement of their driver’s license. The device tests the breath of the driver and ceases working as soon as the blood alcohol levels rise appreciably over 0.02%. The expenditure for installation, rent, and maintenance of the device is required to be borne by the motorist themselves.

Alcohol/Drug Abuse Classes

The laws of Alabama require every DUI offender to enroll in alcohol or drug abuse classes in order to treat their addiction. Such requirements are a condition of release, and the offender can serve his sentence term in a residential building where he/she is subjected to various corrective measures as well as medical treatment.

Sentences are usually suspended, subject to the enrollment of a DUI offender to the classes. Hefty monetary fines are also considered in a few cases as well. 

Confiscation of Vehicles

The enforcement agencies and the Department of Public Safety have the authority to seize the vehicle of repeat offenders who have been convicted of DUI violations time and again. The vehicles are usually kept with the state department for a period of 6 months to 1 year, depending on the severity of the offense committed. Offenders are also required to pay a substantial fine amount, along with administrative charges.

Penalties for Violation

An individual found to be guilty of DUI, for the first time, has to serve up to a year in a municipal or county jailhouse. There is no minimum term specified for the period of incarceration. The offender is expected to attend a DUI school, and his/her driving license is also suspended for three months. The monetary fine varies with the severity of the offense. A first time violator is normally expected to pay $500-$1000 as a fine, along with an additional amount of $100, which goes into the impaired driver's trust fund. 

The second and the third convictions are dealt with more severely, and the convicted offender has to spend at least 48 consecutive hours in jail with the maximum period of incarceration going up to a year. The period goes up to 60 consecutive days for a third time offender with the maximum detainment period remaining the same.

Spending 20 days in community service is also a requisite for the DUI offenders convicted for a second time. The fine amount goes up as well, with a second time offender being required to pay $1000-$5000.  This amount becomes $2000- $10000 in the case of a third time offender.

A fourth time offender is considered to have committed a Class C felony, and they may have to spend up to 10 years in jail. The fine amount varies, and it can range between $4000 and $10000. The driver’s license can only be revoked after a period of 5 years. A similar penalty is imposed on individuals convicted of subsequent DUI violations within a period of 5 years.

Additional DUI Information

The DUI laws pertaining to the State of Alabama can be obtained from the website of the Alabama Department of public safety at http://www.dps.state.al.us/HighwayPatrol/dui.aspx.

The department is located at 301 South Ripley St. Montgomery, AL 36104.

The office of the Highway Patrol Unit can also be contacted at (334) 353-8700.

For DUI details, the Traffic Homicide Division at (334) 242-2002) will be able to divulge details of serious felonies and misdemeanors connected to DUI violations.