Alabama DUI Laws — § 32-5A-191, IID & First-Offense Penalties

Alabama DUI Laws Explained

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An Alabama DUI arrest sets two parallel processes in motion: a criminal case under Code of Alabama § 32-5A-191 in district or circuit court, and an administrative license suspension by ALEA's Driver License Division. Both move on tight timelines, and Alabama is unusually strict on the 0.15% aggravated threshold — a separate enhancement that triggers mandatory ignition interlock and longer minimum jail time.

The legal threshold

  • Adults 21+: 0.08% BAC.
  • Drivers under 21: 0.02% BAC (zero tolerance).
  • Commercial drivers (CDL): 0.04% BAC while operating a commercial vehicle.
  • School bus drivers: 0.02% BAC.
  • Aggravated DUI: 0.15% BAC or higher — separate enhancement.

Alabama also charges DUI for impairment without a specific BAC under § 32-5A-191(a)(2) — driving under the influence of alcohol, controlled substances, or any combination, where the driver is "under the influence" to the extent of being impaired. Marijuana, prescription drugs, and over-the-counter medication can all trigger DUI charges.

Implied consent and refusal

Driving in Alabama is deemed consent to a chemical breath, blood, or urine test if requested by an officer with probable cause. Refusing the test triggers an automatic 90-day administrative suspension for a first refusal, separate from any criminal conviction. The driver has limited time to request an administrative hearing with ALEA to contest the refusal suspension.

First-offense penalties (criminal)

A first Alabama DUI conviction at 0.08-0.149% BAC typically produces:

  • Up to 1 year in county jail (often with a portion suspended on first offenses without aggravating factors).
  • $600-$2,100 fine, plus court costs and mandatory victim assessment fees.
  • A 90-day license suspension, or 6-month suspension with eligibility for an ignition interlock-equipped license after a portion of the suspension is served.
  • Mandatory completion of a state-approved DUI substance-abuse program.
  • SR-22 insurance filing for three years — see Alabama car insurance.
  • A reinstatement fee at ALEA — see Alabama reinstatement.
  • A two-year period during which a second DUI carries enhanced repeat-offense penalties.

Aggravated DUI (BAC 0.15%+)

Alabama treats a first DUI with a BAC of 0.15% or higher as an aggravated offense:

  • Mandatory ignition interlock device for at least 2 years.
  • Higher base fine (up to $2,100).
  • Longer mandatory jail time at the high end of the sentencing range.
  • Longer license suspension and SR-22 period.

Ignition interlock devices (IID)

Alabama requires ignition interlock devices for many DUI convictions, particularly:

  • Any first DUI with a BAC of 0.15% or higher.
  • Any DUI involving a child under 14 in the vehicle.
  • Any second or subsequent DUI conviction.
  • Any DUI involving an injury accident.
  • Any DUI by a driver under 21.

The IID period varies by offense, typically 6-24 months for first-offense scenarios and longer for repeat offenders. The device is installed at the driver's expense — typically $70-$150 per month plus an installation fee. Failed tests, missed calibrations, or tampering can extend the IID period. Drivers can sometimes shorten the suspension by opting for IID-equipped driving sooner — see Alabama suspended license.

Aggravating factors

Penalties escalate quickly when any of these apply:

  • BAC of 0.15% or higher.
  • An accident involving great bodily injury — separate felony of Assault by Vehicle.
  • An accident involving death — separate Vehicular Homicide charge.
  • A child under 14 in the vehicle — separate child-endangerment enhancement.
  • Driving on a suspended or revoked license at the time of the DUI.
  • A prior DUI within the lookback window.

Repeat offenses

Alabama uses a 10-year lookback for prior DUI offenses. A second DUI within 10 years brings:

  • 5 days to 1 year in jail (mandatory minimum 5 days actually served).
  • $1,100-$5,100 fine.
  • 1-year license revocation.
  • Mandatory ignition interlock device for at least 2 years after reinstatement.
  • Longer DUI substance-abuse program requirements.

A third DUI within 10 years carries 60 days to 1 year jail, $2,100-$10,100 fine, and a 3-year revocation. A fourth DUI within 10 years is a Class C felony with 1 year and 1 day to 10 years prison and a 5-year revocation. See Alabama point system for how DUI convictions interact with the broader points framework.

For a national perspective, see our national DUI guide.

Official sources

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