Alabama DUI Laws
Last reviewed July 2026 · 5 primary sources · How we research and review these pages
Reviewed by the LegalLimit editorial team →
Standard BAC limit
0.08%
Commercial driver BAC
0.04%
Under-21 BAC
0.02%
Prior-offense lookback
10-year window
Alabama prosecutes DUI under a single statute, §32-5A-191, covering both a 0.08% per se limit and impairment by alcohol or any drug. Penalties escalate by offense count within a 10-year lookback, and a fourth offense — or any offense after a prior felony DUI — is a Class C felony. Two features stand out: a 0.15%+ result doubles the minimum punishment (§(i)), and ignition interlock is elective on a typical first offense (the driver can stay the 90-day license suspension by installing a device) but becomes mandatory for 1 year if the first offense involved a refusal, a child under 14, an injury, or a 0.15%+ result. Interlock is otherwise required for 2, 3, or 4 years at the second, third, and fourth-or-subsequent tiers. A DUI causing serious injury or death is prosecuted separately and far more seriously — under the general assault and homicide statutes, since the former homicide-by-vehicle statute was repealed in 2014 — not under §32-5A-191. As of July 2026, a prefiled bill for the 2026 session would make interlock mandatory for all first-time offenders (removing the suspension-stay option), effective October 1, 2026 if enacted; this page reflects current law until any such change takes effect.
Alabama DUI penalties by offense tier
| Offense tier | Fine | Jail | License action | Ignition interlock |
|---|---|---|---|---|
| First offense (within 10 years) | $600–$2,100 | 0 days–1 year (No mandatory minimum jail on a first offense — the sentence may be a fine, jail, or both (§(e)).) | Suspended for 90 days — A 90-day license suspension that may be stayed by installing an ignition interlock device for 90 days (§32-5A-191(e)). If the first offense involved a refusal, a child under 14, an injury to someone else, or a 0.15%+ result, a 1-year interlock is mandatory in addition to the suspension. | Required if BAC ≥ 0.15, refusal, minor passenger (under 14), or injury to another person (3 months–1 year) |
| Second offense (within 10 years) | $1,100–$5,100 | 5 days–1 year (Mandatory minimum of 5 days in jail or 30 days of community service, not subject to suspension or probation (§(f)).) | Revoked for 1 year — One-year license revocation (§32-5A-191(f)). | Required (2 years–2 years) |
| Third or subsequent offense (within 10 years) | $2,100–$10,100 (Third-offense floor (§(g)); a fourth or subsequent offense starts at $4,100 (§(h)).; Both the third-offense and the fourth-or-subsequent fine ranges top out at $10,100.) | 2 months–10 years (Third-offense minimum of 60 days, which cannot be probated or suspended (§(g)). A fourth or subsequent offense has a minimum of 1 year and 1 day, with 10 days mandatory (§(h)).; The 1-year-and-1-day-to-10-year range is the fourth-or-subsequent Class C felony ceiling (§(h)); a third offense caps at 1 year (§(g)).) | Revoked for 3–5 years — Three-year revocation for a third offense; five-year revocation for a fourth or subsequent offense (§32-5A-191(g)-(h)). | Required (3 years–4 years) |
Frequently asked questions
What is the legal BAC limit in Alabama?
The per se limit is 0.08% (§32-5A-191(a)). You can also be convicted on proof of impairment by alcohol or any drug without a specific number. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21.
What are the penalties for a first DUI in Alabama?
A first offense carries up to 1 year in jail or a $600–$2,100 fine (or both) and a 90-day license suspension (§32-5A-191(e)). You can stay the suspension by installing an ignition interlock device — but interlock is mandatory for a year if the offense involved a refusal, a child under 14, an injury, or a 0.15%+ result.
What are the penalties for a second DUI in Alabama?
A second offense within 10 years carries a $1,100–$5,100 fine and up to 1 year in jail, with a mandatory minimum of 5 days in jail or 30 days of community service, a 1-year license revocation, and a 2-year ignition interlock (§32-5A-191(f)).
What are the penalties for a third DUI in Alabama?
A third offense carries a $2,100–$10,100 fine and 60 days to 1 year in jail — a minimum of 60 days that cannot be probated — plus a 3-year license revocation and a 3-year ignition interlock (§32-5A-191(g)).
Is a DUI a felony in Alabama?
A fourth or subsequent DUI within 10 years is a Class C felony, punishable by 1 year and 1 day to 10 years and a $4,100–$10,100 fine, with a 5-year revocation and a 4-year interlock (§32-5A-191(h)). A new DUI after any prior felony DUI is also a felony.
What happens if my BAC is 0.15% or higher in Alabama?
A 0.15%+ result requires the court to impose at least double the minimum punishment for your offense (§32-5A-191(i)), and on a first offense it triggers a mandatory 1-year ignition interlock. For a misdemeanor DUI (first through third offense), §(i) also raises the minimum punishment to one year of imprisonment — the court may suspend all of it except the jail time subsections (f) and (g) make mandatory on a second or third offense. It is an enhancement to the DUI, not a separate charge.
How long do prior DUIs count against me in Alabama?
A prior DUI conviction counts toward escalating penalties if it happened within 10 years of the current offense (§32-5A-191(p)(1)). Convictions from other states and from municipalities count. A prior felony DUI makes any new DUI a felony regardless of timing.
Do I need an ignition interlock for a first DUI in Alabama?
Not necessarily. A typical first offender can serve the 90-day suspension or choose to install an interlock for 90 days to keep driving. But a 1-year interlock is mandatory if the first offense involved a refusal, a child under 14, an injury, or a 0.15%+ result (§32-5A-191(e)). Interlock is mandatory at every later tier (2, 3, or 4 years).
Will my license be suspended for a DUI in Alabama?
A first offense brings a 90-day suspension (stayable with an interlock). A second offense is a 1-year revocation, a third is 3 years, and a fourth or subsequent is 5 years (§32-5A-191). A separate refusal suspension of 90 days to 5 years, scaled by prior enforcement contacts, applies if you refuse the chemical test (§32-5-192, §32-5A-304). Repeat offenders (2+ convictions in 10 years) also have the registration of ALL vehicles they own suspended for the duration of the license suspension (§32-5A-191(q)).
What happens if I refuse the breath test in Alabama?
Under implied consent (§32-5-192), refusing a lawfully requested test brings an administrative license suspension that scales with your record over the past 10 years (§32-5A-304(b)): 90 days if you have no prior alcohol- or drug-related enforcement contacts, 1 year with one prior, 3 years with two, and 5 years with three or more. On a first DUI conviction a refusal also makes a 1-year interlock mandatory. If you refuse, no test is given unless police get a court order.
What are the rules for drivers under 21 in Alabama?
Drivers under 21 face a 0.02% limit (§32-5A-191(b)). A first violation between 0.02% and 0.08% brings a 30-day license suspension in lieu of the standard DUI penalties, with limited disclosure of the record.
Is a DUI with a child in the car worse in Alabama?
Yes. If the driver is over 21, having a child under 14 in the vehicle at least doubles the minimum punishment for the DUI (§32-5A-191(j)). On a first offense it also makes a 1-year ignition interlock mandatory in addition to the standard penalties (§32-5A-191(e)).
What happens if a DUI causes injury or death in Alabama?
It is prosecuted far more seriously than a standard DUI, under separate statutes. Alabama repealed its homicide-by-vehicle statute (§32-5A-192) in 2014, so a DUI causing death is charged under the general homicide laws — most often manslaughter — and a DUI causing serious injury is charged as assault. These are felonies with much longer prison terms than a §32-5A-191 DUI.
What is the DUI limit for commercial drivers in Alabama?
A commercial driver is over the limit at 0.04% while operating a commercial motor vehicle (§32-5A-191(c)(2)), and a conviction disqualifies the commercial license under the federal CDL rules. School-bus and day-care drivers are over the limit above 0.02% while on duty (§(c)(1)) — and a first conviction under that subsection carries a one-year license suspension instead of the usual 90 days.
Sources
- Ala. Code § 32-5-192 — Implied consent; suspension for refusal (Alabama Legislature) — Accessed July 3, 2026
- Ala. Code § 32-5A-191 — Driving while under the influence; penalties (Alabama Legislature) — Accessed July 3, 2026
- Ala. Code § 32-5A-191.4 — Ignition interlock devices (Alabama Legislature) — Accessed July 3, 2026
- Ala. Code § 32-5A-192 — Homicide by Vehicle or Vessel (repealed 2014) (Alabama Legislature) — Accessed July 3, 2026
- Ala. Code § 32-5A-304 — Period of suspension of driving privilege (Alabama Legislature) — Accessed July 14, 2026