DUI Laws in Alabama

0.08% for drivers age 21 and older; 0.04% for commercial vehicle drivers; 0.02% for drivers under 21; 0.02% for school bus and daycare drivers. A driver can also be charged while under the influence at a lower level.

First conviction: fine of $600 to $2,100, up to one year in jail, or both, and a 90-day license suspension.

A fourth or later DUI conviction is a Class C felony, punishable by a fine of $4,100 to $10,100 and 1 year and 1 day to 10 years in prison (with at least 10 days served in the county jail). Prior DUI convictions count if they occurred within 10 years of the current offense. Once a person has a felony DUI conviction, every later DUI is treated as a felony no matter how long ago the earlier felony was. Separately, causing serious physical injury to another person while driving under the influence is first-degree assault, a Class B felony. Having a child under 14 in the vehicle doubles the minimum punishment but does not by itself make the offense a felony.

By driving on Alabama public highways, a driver is considered to have consented to a chemical test of blood, breath or urine. A driver arrested for DUI who refuses a breath test when directed by an officer will have the license suspended.

A prior DUI conviction within 10 years counts toward second-offense penalties: a fine of $1,100 to $5,100, up to one year in jail, a mandatory 48 hours in jail or 20 days of community service, and a one-year revocation. A third conviction carries a $2,100 to $10,100 fine, a mandatory minimum 60 days in jail and a three-year revocation; a fourth or later is a Class C felony.

The state driver manual says traffic convictions count toward a points suspension for 2 years but remain on the driver's record; it does not give a removal date for DUI convictions. Alabama's expungement law lets some people with misdemeanor or traffic convictions ask a court to expunge the record after 3 years, but it excludes convictions that are 'serious traffic offenses' under Article 9 of Chapter 5A of Title 32 of the Alabama Code.

ALEA issues a Hardship Driver License for people in a Department of Corrections work-release program, a community corrections program, people released from DOC custody, or people whose license is suspended or revoked who cannot get reasonable transportation. It allows limited driving for work, school, worship, court-ordered programs, medical care, groceries and household needs, and voting. It costs the same as a Class D license ($36.25), is valid for one year, and can be renewed for up to three more years. Applications are submitted by email, fax or mail, not in person.