Alabama · DUI · Checked October 2026
Alabama DUI Penalties: First, Second and Third Offense
Alabama DUI Penalties: What Are the Rules?
Alabama sets DUI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in Alabama
- Court referral evaluation and a DUI or substance abuse court referral program
- Not released on bond until your BAC is below 0.08
Other Second Offense Penalties in Alabama
- Registration of all your vehicles suspended for the suspension period unless you have an interlock or it causes undue hardship to dependents
- Court referral program
Other Third Offense Penalties in Alabama
- Vehicle registration suspension
- Court referral program
When Penalties Are Higher in Alabama
- 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.
- 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 interlock
- Someone other than the driver was injured (first offense): 90-day suspension and 1 year of mandatory interlock
- Refused the chemical test: Interlock required for 1 year
- 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 conviction
When a DUI Is 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.Ala. Code § 32-5A-191(h), (p)
How Far Back Prior Offenses Count in Alabama
10 years. Prior DUI convictions from Alabama or another state count if they occurred within 10 years of the current offense, except that a prior felony DUI makes every later DUI a felony regardless of dateAla. Code § 32-5A-191(p)
Official source: how far back prior offenses count (Alabama)
More on DUI Law in Alabama
See the full overview of DUI laws in Alabama and read about first-offense DUI penalties across the states.
This page summarizes Alabama law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Alabama?
Jail: 5 days to 1 year, or at least 30 days of community service in place of the 5-day mandatory minimum. Fine: $1,100 to $5,100. License suspension: revoked for 1 year.
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.