The consequences for even a first-time DUI offense in Alabama can be steep. These include fines between $600 and $2,100 and up to one year in jail. With a first offense, your driver's license will be suspended for 90 days, unless you are eligible for the ignition interlock option.
Alabama DUI law: Alabama DUI code §32-5A-191 states that a person is considered to be driving under the influence of alcohol or a controlled substance if their blood alcohol level is .08% or greater.
According to the code any person under the age of 21 shall be considered to be under the influence if their blood alcohol level is .02% or greater. Any school bus driver or day care driver shall be considered to be under the influence if their blood alcohol level is .02% or greater.
A person arrested on a first offense DUI charge in Alabama only has ten days from the date of the arrest in which to request an administrative hearing with the Alabama Department of Public Safety (DPS) if they wish to maintain their driving privileges by obtaining a restricted driver's license during the mandatory suspension period. A request for an administrative hearing made after the 10 day period will not be granted and the suspension imposed by the Alabama DPS will be upheld.
Alabama First Offense DUI Penalties: A first offense DUI charge in Alabama means that the defendant has had no prior DUI convictions within the past 5 year. A first offense charge is considered a misdemeanor charge and carries the following penalties:
Jail time: The defendant will spend a minimum of 72 consecutive hours in jail. The amount of jail time can be increased at the judge’s discretion based upon the circumstances surrounding the arrest.
Fines: The minimum fines for a first offense charge will be $600 and can be increased based upon the circumstances surrounding the arrest up to $2,000 for a first offense. First time offender fine amounts will be increased to $1,200 for the following reasons:
Had a BAC of .15% or higher at the time of arrest.
Had a child under the age of 14 in the vehicle at the time.
Caused an accident resulting in the injury of another person.
Test Refusal: Refusal to submit to a chemical test can be used as a presumption of guilty and will result in an additional 90 day suspension of your driver's license.
DUI School: The defendant will be required to attend a court ordered and approved DUI school and/or a substance abuse program.
Ignition interlock: An ignition interlock will be required for a period of 2 years for all first time offenders if one or more of the following are true:
Had a BAC of .15% or higher at the time of arrest.
Had a child under the age of 14 in the vehicle at the time.
Caused an accident resulting in the injury of another person.
License Suspension: The defendant's driver's license will be suspended by the Alabama DPS for 90 days. If the Alabama DPS grants the defendant a limited work only license to drive to and from work and to DUI School, the DPS will require proof of financial responsibility in the form of an Alabama SR22 insurance policy before they will issue a limited license. A limited work only license will only be granted if the court deems the defendant not to be a risk to the general public.