Alabama DUI laws prosecute based on two main factors, DUI impairment by alcohol or DUI over legal drinking limit. You can be convicted of driving under the influence in Alabama without proof of impaired driving if you have violated the legal alcohol limit. The other scenario happens if an officer finds you in physical control of a motor vehicle and the following:
- 0.08% or greater alcohol in his or her blood
- Under the influence of alcohol, a controlled substance, or both
- Under the influence of a substance that may impair mental or physical capability
Alabama DUI Impairment by Alcohol
Most driving under the influence charges in Alabama are from the substance of alcohol. A DUI is the driver’s ability to drive being reduced because of consuming alcohol. If a person shows visible impairment, a jury or judge can consider that part of evidence without a breath or blood alcohol test.
Alabama DUI Over the Legal Drinking Limit
A per se DUI law means over the legal alcohol limit. In Alabama, the blood alcohol level or BAC legal limit is .08% or higher. A driver is in violation of Alabama’s per se DUI laws if their level is higher under an alcohol breath test. The crime has different requirements for your age category (i.e. 21 and over) and the type of vehicle driving (i.e. commercial vehicle). Under this DUI, an officer does not have to have reason to arrest a person based on reasonable suspicion. Think DUI checkpoint, where police can test your alcohol breath test level just as if they were to ask for your license or insurance. In these cases, your DUI breath alcohol score is evidence in court that you were under the influence.
Drunk Driving Penalties
Penalties for drunk driving in Alabama may include:
- Imprisonment for up to one year, a fine of $600 to $2,100, or both for first time DUI offenders.
- If a second DUI occurs within five years of the first offense, a person can face imprisonment of up to one year, a fine of $1,100 to $5,100, and revocation of driver’s license for a year.
- If a third offense is convicted, an imprisonment of up to a year (but no less than 60 days), a fine of $2,100 to $10,000, and revocation of driver’s license of three years.
- A fourth DUI conviction in Alabama and a person can face up to a year and a day to 10 years of prison time, a fine of $4,100 to $10,100, and driver’s license revocation of five years.
Contact an Alabama DUI Defense Lawyer
Driving under the influence is a serious charge in the state of Alabama. Woody Ketcham is an experienced DUI defense attorney based out of Birmingham. Ketcham Law acts as your advocate throughout the DUI process. If you have been accused of driving under the influence, contact us for representation.