Alabama DUI Law & Lawyers: DUI-Web

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Alabama has two theories in which a person can be prosecuted for a DUI/DWI. First, a DUI charge can be brought against someone who is considered "under the influence" of alcohol or drugs. A person is considered “under the influence” if a person’s physical or mental capabilities are impaired by drugs or alcohol to render that person unsafe to drive.

Second, a DUI prosecution in Alabama can be based on Alabama’s per se laws, which makes it illegal to drive with a blood alcohol content (BAC) of .08% or higher. A charge of this type is based solely on body chemistry and can be brought regardless of whether or not a person’s ability to drive a vehicle is impaired by alcohol.

In Alabama, the law does not require that a person charged with a DUI was actually driving the car. Instead, Alabama only requires that the person charged was in “actual physical control” of the vehicle, which means being in the car and having the present ability to move, park or direct whatever use is to be made of the vehicle at the moment.

CIVIL DRIVER'S LICENSE CONSEQUENCES

One of the most important things to know about Albama DUI law is that if you refused to take a breath, blood or urine test after being arrested for DUI, your license may be at risk of being suspended for 90 days to 5 years with no chance of receiving a restricted license during that time if you do not take appropriate action to demand an administrative hearing within 10 business days after arrest. Furthermore, if the results of your test were above Alabama’s prohibited alcohol level of .08, you may also have your license automatically suspended for 90 days to 5 years.

A first DUI conviction is a misdemeanor carrying up to a 365 day sentence in the county or municipal jail and a fine of $600 to a maximum of $2100. It is also possible that the defendant will be ordered to attend a substance abuse program along with a driver’s license suspension for 90 days.

A second DUI conviction that is within 5 years of the first DUI conviction is also a misdemeanor with a jail sentence between 5 days and one year in a county or municipal jail. Community service may be ordered by the court instead of a jail sentence. A defendant will face a fine of between $1,100 and $5,100 and may also face a license suspension of 1 year. Finally, the court may require the defendant to attend a substance abuse treatment program.

A third DUI conviction is also a misdemeanor, with a sentence of between 60 days and one year in the county or municipal jail. Fines between $2,100 and $10,100 will be imposed and the defendant may have his driver’s license suspended for up to three years. Finally, the court may order attendance at a substance abuse treatment program.

A fourth DUI conviction is a Class C felony and the defendant will be sentenced to not less than one year and one day with a maximum possible term of 10 years imprisonment. The defendant will be fined a minimum of $4,100 and a maximum of $10,100, as well as have his driver's license suspended for up to 5 years. The court will also require the defendant to attend a court approved substance abuse program.