Alabama DUI Laws

Alabama Driving under the influence (“DUI”) – statute(s)

• Code § 32-5A-191

• Alabama DUI – standard
  • “A person shall not drive or be in actual physical control of any vehicle while: . . . under the influence of a controlled substance to a degree which renders him or her incapable of safely driving . . . [or] under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.” Ala.Code § 32-5A-191(a).
• DUI – applicable substances
  • Controlled substance or “any substance which impairs the mental or physical faculties of such person.”
• DUI in Alabama – affirmative defense
  • “The fact that any person charged with violating this section is or has been legally entitled to use . . . a controlled substance shall not constitute a defense against any charge of violating this section.” Ala.Code § 32-5A-191(d).
• DUI Implied consent – applicable drivers

Alabama’s general implied consent statute (Ala.Code § 32-5-192) appears to apply only to chemical tests for the purpose of determining blood alcohol content. However, there is an implied consent provision that applies to any person who operates a motor vehicle on Alabama’s public highways and who is involved in an accident that results in death or a serious physical injury. Ala. Code § 32-5-200(a).

• Alabama DUI Implied consent – administrative / civil penalty for refusal
  • In cases of an accident resulting in death or serious physical injury, the failure to submit to a test will result in a two-year suspension of driving privileges for the offender. Ala. Code § 32-5-200(a). The suspension can be reduced if it is determined subsequently that the driver did not cause the accident. Ala. Code § 32-5-200(d).

 Alabama DUI Implied consent – administrative / civil penalty for refusal

• In cases of an accident resulting in death or serious physical injury, the failure to submit to a test will result in a two-year suspension of driving privileges for the offender. Ala. Code § 32-5-200(a). The suspension can be reduced if it is determined subsequently that the driver did not cause the accident. Ala. Code § 32-5-200(d).

Alabama DUI Implied consent – criminal penalty for refusal

DUI in Alabama Conviction – administrative / civil penalty (license suspension, use of IID)

• First convictionà 90-day license suspension, which may be stayed if driver agrees to an approved ignition interlock device (“IID”) for six months. Ala.Code § 32-5A-191(e).
• Second conviction within a five-year period à driver’s license revoked for one year followed by the use of IID for two years. Ala.Code § 32-5A-191(f).
• Third convictionà driver’s license revoked for three years, followed by use of an IID for three years. Ala.Code § 32-5A-191(g).
• Fourth or subsequent convictionà driver’s license revoked for five years, followed by use of an IID for five years. Ala.Code § 32-5A-191(g).
• If person convicted more than once in a five-year period, the registration for all vehicles owned by the offender may be suspended during the duration of the license suspension. Ala.Code § 32-5A-191(q).

Alabama DUI Conviction – criminal penalties (jail sentence, fines, community service)

• First convictionà jail sentence up to one year; fine of $600- $2,100. Ala.Code § 32-5A-191(e).
• Second conviction within five years à jail sentence of five days to one year (or at least 30 days community service); fine of $1,000- $5,100. Ala.Code § 32-5A-191(f).
• Third convictionà jail sentence of 60 days to one year; fine of $2,100-$10,100. Ala.Code § 32-5A-191(g). Fourth or subsequent convictionà Class C felony; jail sentence of one year to 10 years; fine of $4,100-$10,100. Ala.Code § 32-5A-191(g).
• Criminal penalties are enhanced in cases where the driver “causes serious physical injury to the person of another.” Ala.Code § 13A-6-20.

Child endangerment in Alabama

• Criminal penalties are enhanced if a driver age 21 or older commits a violation with a passenger under the age of 14 in the vehicle. Ala.Code § 32-5A-191(j).

 Reference:

Drugged Driving: 2016 Summary of Key Provisions of State Laws

DUI Arrest Statistics Alabama Drunk Driving

* Sources: State Justice Department, Federal Highway Administration