Alabama DUI Laws: 2025 DUI Charges Guide
Alabama enforces strict laws and penalties for driving under the influence (DUI), with penalties increasing for subsequent offenses and higher blood alcohol concentration (BAC) levels. The state applies both administrative and criminal consequences that affect your driving privileges, finances, and potentially your freedom.
Getting Started
After being charged with a DUI in Alabama, you’ll face both administrative proceedings through the Alabama Law Enforcement Agency (ALEA) and criminal proceedings in court. This document provides general guidance on Alabama DUI laws and procedures, but it is not legal advice. For case-specific guidance, consult with a qualified DUI attorney.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Alabama’s legal term for driving under the influence of alcohol or drugs.
SR-22
A certificate of financial responsibility that proves you have the minimum liability insurance coverage which may be required after a DUI conviction in Alabama.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
Alabama Law Enforcement Agency (ALEA)
This organization handles administrative license revocations, restricted license applications, IID oversight, and SR-22 monitoring in Alabama DUI cases.
Steps to Take After DUI Arrest in Alabama
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes in Alabama.
- License Suspension
Your driver’s license will be suspended based on the severity of the offense and your BAC level.
- Request an Administrative Hearing
If disputing a suspension, request a hearing with ALEA within 10 days of your arrest.
- Apply for a Restricted License
If eligible, you may apply for limited driving privileges by installing an IID.
- Install an IID
Required for certain offenses – mandatory for repeat offenses and first-time DUI convictions with a BAC of 0.15% or higher.
Explore IIDs - File an SR-22 Form
Proof of insurance coverage is typically required for license reinstatement.
- Complete Substance Abuse Evaluation and Treatment
Attend evaluation and complete recommended programs as ordered by the court.
- Pay Fines and Fees
You’ll need to pay court fines ($600-$10,000) plus other fees, such as license reinstatement and state charges.
- Complete DUI Education Program
Mandatory alcohol education courses are required for all DUI convictions in Alabama.
- Attend Court Proceedings
Your case will proceed through criminal court independently from administrative actions.
- Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new DUI or breaking license rules can lead to jail time and even longer suspensions.
DUI Laws in Alabama
What Are the Legal Driving Alcohol Limits in Alabama?
In Alabama, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police officers use breathalyzers to quickly check your breath alcohol concentration (BrAC).
| Driver Category | Legal BAC Limit |
| Drivers over 21 | 0.08% or higher |
| Commercial Drivers | 0.04% or higher |
| Drivers under 21 | 0.02% or higher |
Felony vs Misdemeanor DUI Charges
In Alabama, most first, second, and third DUI convictions are classified as misdemeanors. A fourth or subsequent DUI within a 5-year period is charged as a Class C felony, punishable by up to 10 years in prison and fines up to $10,000. Additionally, any DUI that results in serious injury or death to others may be charged as a felony regardless of prior offenses.
What Are Drunk Driving Diversion Programs in Alabama?
Some Alabama counties offer DUI diversion programs for first-time offenses with no prior criminal history. These programs typically involve alcohol assessment, education, community service, and regular monitoring. Successful completion may result in reduced charges or dismissal. Eligibility requirements vary by county, but generally, you must have a BAC below 0.15% and no accident involvement.
Refusing a Chemical Test Under Alabama DUI Law
Alabama has an “implied consent” law. By driving on Alabama roads, you already consent to chemical testing if arrested for DUI. Refusing a test can result in automatic license suspension, separate from any DUI penalties.
| Refusal | Administrative Penalty |
| First Refusal | 90-day license suspension |
| Second Refusal (within 5 years) | 1-year license suspension |
| Third or Subsequent Refusal (within 5 years) | 3-year license suspension |
DUI Penalties & Consequences
Penalties for DUI Offenses in Alabama
Penalties for DUIs in Alabama become progressively severe with each conviction, especially if they occur within a five-year period.
First Offense
Jail Time: Up to 1 year
Fines: $600-$2,100
License Suspension: 90 days
Second Offense (within 5 years)
Jail Time: 5 days to 1 year
Fines: $1,100-$5,100
License Suspension: 1 year
Third Offense (within 5 years)
Jail Time: 60 days to 1 year
Fines: $2,100-$10,100
License Suspension: 3 years
Fourth Offense (within 5 years)
Jail Time: 1-10 years (felony)
Fines: $4,100-$10,100
License Suspension: 5 years
Aggravating Factors That Increase Alabama DUI Penalties
In Alabama, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements like longer DUI education programs:
- BAC of 0.15% or higher
- Minor (under 14) in vehicle while DUI
- Causing an accident resulting in injury or death
- Driving under the influence with a revoked or suspended license
- Refusing chemical testing
- Excessive speeding while under the influence
Driving Without a Valid License
Driving with a suspended license in Alabama is a serious offense that carries additional penalties, including extended suspension periods, fines up to $1,000, and possible jail time up to 180 days. Additionally, being caught driving with a suspended license after a DUI can result in your vehicle being impounded and make you ineligible for early reinstatement or restricted license options. This violation will also appear on your driving record, potentially affecting future insurance rates and employment opportunities.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Alabama, both ALEA and the courts play roles in determining driving privileges after a DUI. ALEA handles the administrative license suspension process, which begins immediately after arrest if you fail or refuse a chemical test. Separately, the courts can order license suspension as part of criminal sentencing. While administrative suspensions can sometimes be challenged through a hearing, court-ordered suspensions are mandatory following conviction.
How Long Will Your License Be Suspended?
Getting your license suspended in Alabama means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Alabama:
| Offense | Suspension Period |
| First Offense | 90 days |
| Second Offense (within 5 years) | 1 year |
| Third Offense (within 5 years) | 3 years |
| Fourth Offense (within 5 years) | 5 years |
Steps to Reinstate Your License
- Serve suspension period fully.
- Pay reinstatement fees ($275 standard fee).
- Provide proof of insurance via SR-22 form for at least 3 years, if required.
- Complete required education or treatment programs.
- Install an IID if mandated by court or administrative order.
Restoring Your Driving Privileges
Alabama offers certain restricted driving privileges for those with suspended licenses due to DUI convictions. These restricted licenses allow limited driving for essential purposes while still enforcing accountability through various requirements.
Eligibility for an Employment/Program-Restricted Driver’s License
Alabama offers restricted licenses for essential driving needs such as work, school, medical appointments, and court-ordered programs. For first-time offenses, you may be eligible after serving 45 days of your suspension. Drivers with multiple DUI convictions may need to serve a longer portion of their suspension before eligibility. For specific eligibility requirements and application procedures, contact ALEA.
How to Apply for a Temporary Restricted Driver’s License
- Install an IID on any vehicle you own or operate.
- Submit SR-22 as proof of financial insurance coverage, if required.
- Provide documentation of need (e.g., employment verification, school enrollment, or medical necessity).
- Pay applicable fees, including a $75 restricted license fee.
- Complete any required substance abuse assessment or treatment.
- Apply in person at an ALEA Driver License Office.
Alabama Ignition Interlock Device (IID) Requirements
Alabama’s ignition interlock program requires certain drivers convicted of DUI to install a device that prevents a vehicle from starting if alcohol is detected on the driver’s breath. Drivers with their first DUI with a BAC of 0.15% or higher, drivers with repeat convictions, and those who refuse testing must install an IID. The installation period ranges from 6 months for first offenses to 5 years for fourth offenses. The device must be calibrated every 30 days, and any violations (such as failed tests or tampering) can result in extended requirements or additional penalties.
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
In Alabama, an SR-22 is typically required for all DUI convictions to reinstate driving privileges. This is not an insurance policy itself but a certificate your insurance company files with ALEA to prove you maintain the state’s minimum liability coverage. You must maintain an SR-22 for three years following a DUI conviction. Letting your insurance lapse during this period will trigger an automatic license re-suspension. Expect your insurance premiums to increase significantly after a DUI conviction, often by 30-100%.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Alabama requires all drivers convicted of DUI to complete a substance abuse evaluation through a court-approved provider. Based on evaluation results, you may be required to complete education programs ranging from a 12-hour basic course for first-time offenses to intensive outpatient or inpatient treatment for multiple convictions or drivers with high BAC levels. The evaluation costs approximately $100-$300, while treatment programs can range from $250 for basic education to several thousand dollars for intensive treatment. Completion certificates must be submitted to the court and ALEA as part of the license reinstatement process.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Alabama
Can you refuse a breathalyzer test in Alabama?
You can refuse, but Alabama’s implied consent law means automatic license suspension for refusal.
Will you go to jail for a first-time DUI in Alabama?
While possible, first-time offenses often receive probation instead of jail time, especially with BAC below 0.15%.
Can you drive to work with a suspended license after a DUI?
Only if you’ve been approved for a restricted license with an IID installed.
How much will your insurance increase after a DUI in Alabama?
Expect your insurance premiums to increase significantly after a DUI conviction, often by 30-100%.
Sources
- Alabama Law Enforcement Agency. (n.d .). License and ID cards: Ignition interlock laws. https://www.alea.gov/dps/driver-license/license-and-id-cards/ignition-interlock-laws
- Alabama Law Enforcement Agency. (n.d.). Driver records, crash reports, and driver license reinstatements. https://www.alea.gov/dps/driver-license/driver-records-crash-reports-and-driver-license-reinstatements
- FindLaw. (n.d.). Alabama Code Section 32-5A-191. Driving under the influence. https://codes.findlaw.com/al/title-32-motor-vehicles-and-traffic/al-code-sect-32-5a-191/
- National College for DUI Defense. (n.d.). Alabama DUI laws. https://www.ncdd.com/alabama-dui-laws
- Alabama Law Enforcement Agency. (n.d.). Driver license information. https://www.alea.gov/dps/driver-license/driver-license-information
- Alabama Legislature. (n.d.). Code of Alabama. https://alison.legislature.state.al.us/code-of-alabama
- Alabama Department of Finance Services. (n.d.). Interlock devices. https://adfs.alabama.gov/services/icic-interlock-devices
- SR22 Insurance. (n.d.). SR22 insurance Alabama. https://sr22insurance.net/alabama/
- Alabama Administrative Office of Courts. (n.d.). Electronic pretrial map. https://www.alacourt.gov/EPMap.aspx
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