Alabama Drunk Driving Laws
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Under state law, it is illegal to operate a vehicle on Alabama roads if the amount of alcohol in your bloodstream reaches a ratio of 0.08% or more—a percentage known as blood alcohol content, or BAC. This means that, even drivers who show no signs of impairment can be arrested for DUI if they are caught driving with an illegal amount of alcohol in their system. However, erratic drivers or motorists whose actions threaten the safety of others can also be charged with drunk driving for having any amount of alcohol in their system at all.
While every driver is expected to comply with the state’s strict BAC limit, there are two exceptions to the 0.08% guideline. Underage drivers must adhere to Alabama’s Zero Tolerance Law, which imposes a much lower BAC limit of just 0.02% on drivers who have not yet reached the legal drinking age of 21. Commercial vehicle operators must also adhere to a BAC limit of 0.04%, while anyone employed as a driver for a school or daycare can be arrested for drunk driving with a BAC of 0.02% or higher.
Like most law enforcement agencies, Alabama officers often rely on chemical tests (breathalyzers and/or blood or urine tests) to determine a driver’s blood alcohol content. Due to the state’s Implied Consent Law, all drivers are legally required to submit to such testing. Therefore, drivers who refuse to perform the test will be arrested automatically and face criminal penalties for their actions.
Once a driver has been convicted of DUI in Alabama, the judge will use the state’s minimum sentencing guidelines, as well as the offender’s prior criminal record, to determine the appropriate penalties for the offense. For a first-time conviction, the driver will face a mandatory 90-day license suspension, a fine of $600 or more, and up to a one-year jail sentence. Drivers who have a prior DUI conviction on their record will face even tougher guidelines. A second conviction, for example, will include a minimum five-day jail sentence, 30 days of community service, and a fine of up to $5,100.
Drivers who have two or more DUIs on their record face the most stringent penalties the law allows, with a third conviction including a mandatory 60-day jail sentence, minimum $2,100 fine, and 3-year license suspension. A fourth offense, meanwhile, can cost up to $10,100 in fines and include a one-year jail sentence, as well as a five-year license suspension. Repeat offenders may also be required to complete a court-approved substance abuse and/or driver’s education program.
As you can see, Alabama has some of the toughest drunk driving laws on the books, and the penalties for a DUI conviction can be quite severe. If you were recently arrested for driving under the influence in Alabama, submit your contact information online today to schedule a free, no-obligation consultation with an experienced DUI defense attorney in your area today.
