Alabama DUI Laws
Alabama’s DUI laws are very similar to other states. Laws vary between states, and even sometimes between counties, so it is good advice to know the laws in the area where you live and travel. The best advice is to never drink and drive!
A driver is considered ‘per se intoxicated’ if they are tested and found to have a blood-alcohol concentration (BAC) of .08 percent or higher. If a driver passes all standardized field sobriety tests given by the officer, but the chemical test (breath, blood, or urine) indicates a BAC of .08 percent or higher, that is the deciding factor for the officer making an arrest for DUI and it is sufficient evidence for the court to give a conviction.
Refusing to give permission to a police officer to administer a chemical test (breath, blood, or urine) to determine the level of intoxication automatically engenders an automatic 90-day license suspension. This is handled by the Department of Motor Vehicles (DMV) and is separate from the DUI charges.
DUI can be charged as a misdemeanor or a felony, depending upon the circumstances such as prior convictions, injuries or property damage as a result of the driver being intoxicated.
Like many states, Alabama can prosecute a DUI case if the person was not driving at the time the police officer approached, but was in the car. That person still had the ability to move, park, drive, or otherwise operate the vehicle and therefore is a potential danger to the public.
In all states, ‘zero tolerance laws’ focus on drivers not of legal drinking age. In Alabama, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
Alabama is a state with a five-year ‘washout period,’ meaning that a prior conviction is not admissible after five years. If it is five years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within five years of the first DUI, s/he is considered guilty of a second offense and is subjected to harsher punishments.
While some states mandate more severe punishment for those convicted of DUI with a particularly high BAC, Alabama does not have such laws.
