DUI Laws in Alabama: Penalties, BAC Limits & License Suspension

In Alabama, this offense is charged as "Driving Under the Influence" (DUI) under Alabama Code § 32-5A-191 — the state doesn't use "DWI," "OUI," or "OVI." The standard per se limit is a blood alcohol concentration (BAC) of 0.08%, with a lower 0.04% limit for drivers operating a commercial vehicle and a 0.02% zero-tolerance limit for drivers under 21. If your license was taken at arrest, you generally have only 10 days to request a hearing with the Alabama Law Enforcement Agency (ALEA) contesting the administrative suspension — miss it and the suspension proceeds regardless of your criminal case's outcome. That deadline is covered below; don't let it pass while you're still deciding on a lawyer.

What a DUI Is Called in Alabama

Alabama law defines the offense at Alabama Code § 32-5A-191, "Driving while under the influence of alcohol, controlled substances, etc." It's shortened to "DUI" on the Uniform Traffic Citation, in court paperwork, and by ALEA. You won't see "DWI" or "OUI" in Alabama statutes — search "DUI" plus the statute number above when researching your case.

Alabama's BAC Limits

• General/adult limit: 0.08%. This is the nationwide per se threshold — at or above it, you're presumed to be driving under the influence regardless of how you performed on field sobriety tests.
• Commercial vehicle limit: 0.04%. A driver operating a commercial vehicle is over the per se limit at 0.04%, half the standard adult threshold.
• Under-21 zero-tolerance limit: 0.02%. Alabama's underage threshold is not a flat zero — it's set at 0.02%, well below the adult limit, meaning even one drink can put a driver under 21 over the line.
• Aggravated/high-BAC threshold: 0.15%. A BAC of 0.15% or higher is treated by Alabama as an aggravating factor: it triggers a mandatory one-year ignition interlock requirement and, on a first conviction, at least double the minimum punishment.

Alabama's legislature has amended DUI-related statutes several times, so confirm the current text of § 32-5A-191 through the Alabama Legislative Information System or a local attorney before relying on any number here for a specific case.

Implied Consent and Refusing a Breath or Blood Test

By driving on Alabama roads, you've already agreed to submit to chemical testing (breath, blood, or oral fluid) if lawfully arrested for DUI — this is Alabama's "implied consent" law, codified at Alabama Code § 32-5-192. Refusing a test doesn't stop the license consequences; it triggers its own automatic suspension that runs independently of whatever happens in the criminal case.

• First refusal: a minimum 90-day suspension of driving privileges. The implied-consent warning officers read states that refusal will result in a suspension of at least 90 days. CDL holders who refuse also face a separate one-year disqualification of commercial driving privileges.
• Second or subsequent refusal within 10 years: a one-year suspension.
• Refusing doesn't make the DUI charge disappear. Prosecutors can still build a case from officer observations, dashcam/bodycam footage, and field sobriety performance, and your refusal itself can become a fact the state points to at trial.

Refusal penalties and CDL rules are strictly enforced and can change — verify current terms with ALEA or a local attorney.

The Administrative License Suspension — And Your 10-Day Deadline

This is the part people miss. Separate from your DUI criminal case, the Alabama Law Enforcement Agency (ALEA) — through its Driver License Division and Hearing Unit — can administratively suspend your license based on the arrest and a failed or refused test, before you're ever convicted of anything.

• Agency: Alabama Law Enforcement Agency (ALEA), Driver License Division, Hearing Unit, Montgomery, Alabama.
• Notice: If your BAC tested at 0.08% or above, or you refused testing, the arresting officer typically takes your license and issues an AST-60, the Official Notice of Intended Suspension, which can serve as a temporary driving permit for up to 45 days from the arrest date.
• Effective date: The suspension generally takes effect 45 days after arrest, and runs for not less than 90 days — longer with prior impaired-driving contacts on your record.
• Hearing deadline: submit a written request for a hearing within 10 days of the arrest to preserve your right to contest the suspension. A personal appearance is required, and the hearing is held in the county of arrest. A separate, more limited written "administrative review" (for corrected paperwork, without an in-person hearing) may be available within a longer window — commonly cited as up to 90 days — but neither request automatically pauses the suspension's effective date. Act inside the short window and follow up.

This suspension can proceed on ALEA's timeline no matter what later happens in criminal court. Calendar the 10-day deadline the moment you're released, and confirm the current procedure and mailing address directly with ALEA's Driver License Division.

First-Offense Penalties: License, Jail, Fines, and the Ignition Interlock

For a first DUI conviction in Alabama with no aggravating factors, the general statutory pattern is:

• License suspension: 90 days, though Alabama allows this suspension to be stayed if you install an approved ignition interlock device (IID) for the same 90-day period and obtain a restricted license.
• Ignition interlock: the 90-day IID option applies on a "clean" first offense. If an aggravating factor is present — a BAC of 0.15% or higher, refusal of testing, a passenger under 14 in the vehicle, or an accident causing injury to another person — the IID becomes mandatory for one year.
• Jail exposure: a first-offense conviction carries the statutory possibility of up to one year in the county or municipal jail, though many first offenders with no aggravating circumstances receive suspended sentences, probation, and mandatory substance-abuse education instead of active incarceration. Outcomes vary widely by county.
• Fines and costs: the statute sets a first-offense fine of not less than $600 and not more than $2,100, plus separate court costs, assessments, and program fees. A BAC of 0.15% or higher doubles the minimum punishment. Confirm the exact figure that applies to you with the clerk of court or an attorney.

These are general patterns, not guarantees — aggravating factors, your BAC level, and your county's practices all affect the outcome.

How Far Back Prior DUIs Count (Lookback Period)

Alabama currently uses a 10-year lookback period for counting prior DUI convictions toward sentence enhancement — a prior DUI generally counts against you if it falls within 10 years of the current offense. That's longer than it used to be: Alabama previously used a 5-year lookback before the legislature extended it to 10 years. Because the exact starting and ending points (arrest date vs. conviction date) can be read differently depending on timing, confirm how the current version of § 32-5A-191 applies to your specific dates with a local attorney.

When a DUI Becomes a Felony in Alabama

A DUI in Alabama can be elevated to a felony in a few ways:

• Fourth (or subsequent) DUI conviction within the 10-year lookback is charged as a Class C felony, carrying substantially longer potential imprisonment, higher fines, and a multi-year license revocation and interlock requirement.
• Any prior felony DUI conviction on your record can cause later DUI charges to be treated as felonies as well, regardless of how much time has passed since that earlier felony.
• Causing serious injury or death while driving impaired can expose a driver to separate, more serious felony charges under Alabama's general assault and homicide statutes, independent of the DUI charge — prosecuted under different code sections with their own elements and penalties.

Felony DUI carries consequences far beyond a first-offense misdemeanor, including state prison exposure. If you're facing a fourth charge, a charge with a prior felony DUI on your record, or a crash involving injuries, get a local criminal defense attorney involved immediately.

What to Do After a DUI Arrest in Alabama

1. Note the exact arrest date and read every paper you were given at the scene. If your license was taken, the AST-60 paperwork should tell you whether it doubles as a temporary permit and for how long.
2. Start the clock on the 10-day ALEA hearing deadline immediately. This is the single most time-sensitive step — many people lose the chance to contest the administrative suspension simply because they spent the first week focused on the criminal case and missed the ALEA window. Contact ALEA's Driver License Division/Hearing Unit right away, in writing, to request a hearing.
3. Do not drive on a suspended or restricted license without confirming your status first. Ask ALEA or your attorney whether you're eligible for a temporary or restricted license, and under what conditions.
4. Gather the citation, any test results, and the police report so an attorney can quickly evaluate the stop, the testing procedure, and whether any refusal was properly documented.
5. Contact a local criminal defense attorney before your arraignment, especially if this isn't your first DUI-related contact, a passenger was under 14, there was a crash with injury, or you're unsure whether a prior offense could make this a felony.
6. Ask about the ignition interlock option early if you want to keep driving during the suspension — installing an approved device can, in some circumstances, allow a restricted license instead of a hard suspension.
7. Attend every court date and ALEA hearing date — missing either can forfeit rights you'd otherwise have to challenge the suspension or the charge.

This article is general legal information about Alabama law as of the publication date, not legal advice for your situation — confirm current statutes, deadlines, and procedures with the Alabama Law Enforcement Agency or a licensed Alabama attorney.