DUI Penalties
Ala. Code § 32-5A-191 — 0.08, or under the influence; from $600 and a 90 day suspension on a first conviction
No one drives or is in actual physical control of any vehicle with 0.08 percent or more by weight of alcohol in the blood, or under the influence of alcohol, or under the influence of a controlled substance or any other substance to a degree that makes safe driving impossible. Being legally entitled to use the substance is no defense.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
| Conviction | Fine | Jail | License |
|---|---|---|---|
| ConvictionFirst | Fine$600 to $2,100 | JailUp to one year | LicenseA 90 day suspension, stayed with an interlock for 90 days |
| ConvictionSecond | Fine$1,100 to $5,100 | JailUp to one year, with at least 5 days in jail or 30 days of community service | LicenseRevoked for one year, and an interlock for two years |
| ConvictionThird | Fine$2,100 to $10,100 | Jail60 days to one year, with the 60 days served | LicenseRevoked for three years, and an interlock for three years |
| ConvictionFourth or later, a Class C felony | Fine$4,100 to $10,100 | JailOne year and one day to 10 years, with at least 10 days in the county jail | LicenseRevoked for five years, and an interlock for four years |
Double the minimum. An alcohol level of 0.15 percent or more doubles the minimum punishment, and so does a passenger under the age of 14 when the driver is over 21. On a first conviction, either of those, a refusal of the test or an injury to someone else brings an interlock for one year.
A prior DUI conviction counts for sentencing if it came within 10 years of the current offense. Every person convicted is referred for evaluation and completes a DUI or substance abuse court referral program before the license is reissued.
A person arrested for DUI is not released from jail, on bond or otherwise, until the alcohol in the blood is below 0.08, or below 0.02 for a person under 21.
Sources for this section (1)
- Ala. Code § 32-5A-191 — Driving While Under Influence of Alcohol, Controlled Substances, Etc
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.