Alabama · DUI · Checked October 2026
DUI Laws in Alabama
What Happens if You Get a DUI in Alabama?
Alabama calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.
- License hearing deadline
- 10 days to challenge your license suspension
- First offense jail
- Up to 1 year
- First offense fine
- $600 to $2,100
- First offense license
- 90 days; stayed if you install an ignition interlock and drive with it for 90 days
- Felony
- A fourth or later DUI within 10 years is a Class C felony: 1 year and 1 day to 10 years (at least 10 days served in county jail), a $4,100 to $10,100 fine, 5-year revocation and 4 years of interlock. Once you have a felony DUI, every later DUI is a felony no matter how old the felony is
Alabama DUI Laws: Key Facts
- Legal limit (adults)
- 0.08 BACAla. Code § 32-5A-191(a)(1), (b), (c)(2), (i)
- Commercial drivers (CDL)
- 0.04 BAC
- Drivers under 21
- 0.02 BAC (0.02 percent or more for drivers under 21)
- Enhanced penalties from
- 0.15 BAC
- Lookback period
- 10 years
Alabama DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | misdemeanor |
| Jail | up to 1 year | 5 days to 1 year, or at least 30 days of community service in place of the 5-day mandatory minimum | 60 days to 1 year; the 60 days must be served in jail |
| Fine | $600 to $2,100 | $1,100 to $5,100 | $2,100 to $10,100 |
| License suspension | 90 days; stayed if you install an ignition interlock and drive with it for 90 days | revoked for 1 year | revoked for 3 years |
| Ignition interlock | optional for 90 days to stay the suspension; mandatory for 1 year if you refused testing, a child under 14 was in the vehicle, someone else was injured, or your BAC was 0.15 or more | 2 years; after at least 45 days of revocation, a court order and interlock-restricted license start the interlock period and stay the rest of the revocation | 3 years; after at least 60 days of revocation, a court order and interlock-restricted license start the interlock period and stay the rest of the revocation |
First offense: Ala. Code § 32-5A-191(e), (k), (n) · Second offense: Ala. Code § 32-5A-191(f), (k), (q) · Third offense: Ala. Code § 32-5A-191(g), (k), (q)
When Penalties Are Higher
- BAC 0.15 or higher: At least double the minimum punishment; for a misdemeanor the minimum is 1 year of imprisonment, which may be suspended except for the mandatory jail in second and third offenses. On a first offense, 90-day suspension and 1 year of mandatory interlock.Ala. Code § 32-5A-191(e), (i)
- Driver over 21 with a child under 14 in the vehicle: At least double the minimum punishment; on a first offense, 1 year of mandatory interlockAla. Code § 32-5A-191(e), (j)
- Someone other than the driver was injured (first offense): 90-day suspension and 1 year of mandatory interlockAla. Code § 32-5A-191(e)
- Refused the chemical test: Interlock required for 1 yearAla. Code § 32-5A-191(e), (t)(2)
- School bus or day care driver on duty with more than 0.02: DUI penalties apply, with a 1-year license suspension on a first convictionAla. Code § 32-5A-191(c)(1)
More on Alabama DUI penalties · Estimate penalties for your situation
If You Refuse a Breath or Blood Test
ALEA suspends your driving privilege on the schedule in § 32-5A-304 (90 days with no prior contacts in 10 years), and a DUI conviction with a refusal requires 1 year of ignition interlockAla. Code § 32-5-192(c)(2); § 32-5A-304(b); § 32-5A-191(t)(2)
Official source: if you refuse a breath or blood test in Alabama
Getting a Ignition Interlock Restricted Driver License
With proof of an installed interlock, ALEA issues an interlock-restricted license and the rest of the suspension or revocation is stayed and then commuted when the interlock period is completed. First offense: available right away to stay the 90-day suspension. Mandatory interlock cases: after at least 45 days (first and second), 60 days (third) or 1 year (felony) of the suspension, with a court order.
Official source: getting a ignition interlock restricted driver license in Alabama
Ignition Interlock
First offense: 1 year if you refused testing, had a BAC of 0.15 or more, had a child under 14 in the vehicle, or someone else was injured; otherwise optional for 90 days to stay the suspension Repeat offenses: 2 years (second), 3 years (third), 4 years (felony fourth or later) Each interlock violation (four or more 0.02 readings in a month, tampering, or missed 30-day service) extends the requirement by 6 months. Not required if no certified provider is within 50 miles. Does not apply to CDL disqualifications. $200 court fee and up to $150 restricted license fee.
Can a DUI Come Off Your Record?
Expungement is available for DUI charges that were dismissed with prejudice, no billed, nolle prossed, ended in a not-guilty verdict, or were dismissed after a court-approved diversion or deferred prosecution program Waiting period: 90 days after dismissal or acquittal; 1 year after completing a diversion program The expungement statute covers charges that did not end in a conviction
Drivers Under 21
Drivers under 21 may not drive with a BAC of 0.02 or more First violation with a BAC between 0.02 and 0.08: 30-day license suspension instead of the regular DUI penalties, with records kept confidential except to courts, law enforcement, your attorney and your employer. Other violations: DUI fines and a DUI or substance abuse court referral program.
Driving After Using Drugs
Yes. The same statute covers driving under the influence of a controlled substance, alcohol combined with a controlled substance, or any substance that impairs you to a degree that makes you incapable of safely driving
More on DUI Law in Alabama
For the state's own guidance, see ALEA: Ignition Interlock Laws.
This page summarizes Alabama law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Alabama can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Alabama?
Jail: up to 1 year. Fine: $600 to $2,100. License suspension: 90 days; stayed if you install an ignition interlock and drive with it for 90 days.
How Long Do You Have to Request a License Hearing in Alabama?
10 days. How it is counted: the notice of intended suspension (or the notice of suspension if no notice of intended suspension was served); the written request must be received or mailed and postmarked within 10 days. In writing, hand delivered or mailed to the Alabama State Law Enforcement Agency (ALEA), Driver License Division, Montgomery; a separate written administrative review can be requested by mail or in person within 90 days of the notice. If you miss it, the suspension usually takes effect automatically.
When Is a DUI a Felony in Alabama?
A fourth or later DUI within 10 years is a Class C felony: 1 year and 1 day to 10 years (at least 10 days served in county jail), a $4,100 to $10,100 fine, 5-year revocation and 4 years of interlock. Once you have a felony DUI, every later DUI is a felony no matter how old the felony is.