Alabama DUI Laws: Penalties, BAC Limit & License (2026)

In Alabama the offense is called driving under the influence (DUI), and Code of Alabama 32-5A-191 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor punishable by up to one year in jail, a fine of $600 to $2,100, and a 90-day license suspension that can be stayed with an ignition interlock device.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Alabama

Alabama's DUI statute, Code 32-5A-191, makes it unlawful to drive or be in actual physical control of a vehicle while there is 0.08 percent or more alcohol in the blood, or while under the influence of alcohol, a controlled substance, or any combination that impairs the ability to drive safely. Because the statute lists impairment as a separate route, a driver can be convicted below 0.08 if the state proves the alcohol or drugs rendered the person incapable of driving safely. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a zero-tolerance rule that bars driving with 0.02 percent or more. School bus and day care drivers are also held to the 0.02 percent threshold. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Alabama (jail, fines, suspension)

A first DUI under Code 32-5A-191 is a misdemeanor. The statute provides for imprisonment in the county or municipal jail for not more than one year, a fine of not less than $600 nor more than $2,100, or both. Court costs and program fees push the actual cost higher. The court typically allows probation in place of most jail time, with conditions that include a court referral program evaluation and completion of a state-approved DUI or substance abuse program. On a first conviction, the Alabama State Law Enforcement Agency (ALEA) suspends the driver license for 90 days, but ALEA explains that the suspension is stayed if the offender voluntarily installs an approved ignition interlock device for 90 days. The interlock becomes mandatory in several aggravating situations described below.

Watch out: The ALEA administrative suspension and the criminal court case run on separate tracks. You can resolve the criminal charge and still face a license suspension through ALEA, and a chemical-test refusal triggers its own administrative action.

Ignition interlock requirements in Alabama

Alabama gives first offenders a choice that many states do not. According to ALEA, a first offender whose BAC was under 0.15 percent can avoid the 90-day suspension entirely by voluntarily installing an ignition interlock device for 90 days. The device is mandatory for one year on a first offense when the BAC was 0.15 percent or higher, when a child under 14 was in the vehicle, or when someone was injured. A chemical-test refusal carries the same first-offense term as those aggravators: the device is mandatory for one year. The interlock terms increase with each later conviction, reaching two years on a second conviction, three years on a third, and four years on a fourth or subsequent conviction. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading.

License suspension and the administrative process in Alabama

Alabama runs an administrative license action alongside the criminal case. On a first DUI conviction, ALEA suspends the driver license for 90 days, though that suspension is stayed if the driver installs an ignition interlock device for the same period, as ALEA sets out. A driver who refuses chemical testing faces a separate administrative suspension under the implied consent law. To reinstate, a driver generally must serve or stay the suspension, complete the required DUI or substance abuse program, file proof of financial responsibility (an SR-22 certificate), and pay reinstatement fees. Repeat convictions move from suspension to revocation, which is a distinct and more serious license action with its own reinstatement requirements. Code 32-5A-191 directs ALEA to revoke the driving privilege for one year on a second conviction, three years on a third, and five years on a fourth or subsequent conviction.

Repeat offenses and the Alabama look-back period

Alabama counts prior DUIs within a 10-year look-back window, so penalties escalate for offenses inside that period. A second DUI within 10 years carries mandatory minimum jail time, a higher fine, a one-year license revocation rather than the suspension used on a first offense, and a two-year ignition interlock requirement. A third within 10 years carries a minimum of 60 days in jail that cannot be suspended, a larger fine, a three-year license revocation, and a three-year interlock term. The felony threshold sits at the fourth offense: under Code 32-5A-191, a fourth or subsequent DUI within 10 years is a Class C felony, punishable by a prison term of one year and one day to 10 years, a fine of $4,100 to $10,100, a five-year license revocation, and a four-year interlock requirement. Subsection (h) sets out a second route to felony treatment that does not depend on counting offenses at all: the offense is a Class C felony if the person has a previous felony DUI conviction. Subsection (p)(2) makes the consequence explicit, providing that if a person has a previous felony DUI conviction, all of that person's subsequent DUI convictions are treated as felonies regardless of the date of the previous felony conviction. The 10-year look-back therefore does not help a driver whose earlier felony DUI falls outside the window; the next DUI is still a felony. A DUI causing serious physical injury or death can be charged as a felony regardless of offense number.

Watch out: Refusing a breath or blood test does not avoid a license penalty and usually makes it worse. A refusal triggers an administrative suspension and a one-year ignition interlock requirement on a first offense, longer than the 90-day interlock that resolves a non-refusal case.

Refusing a breath or blood test in Alabama

Alabama's implied consent law, in Code 32-5-192, provides that by driving on Alabama roads you have agreed to submit to a chemical test of blood, breath, or oral fluid if lawfully arrested for DUI. Refusing the post-arrest test triggers an administrative license suspension imposed by ALEA, separate from any criminal penalty. On a first offense, ALEA requires a refusing driver to install an ignition interlock device for one year, which is longer than the 90-day interlock that resolves a standard first offense. The refusal can also be raised in the criminal case. Because refusing leads to a longer interlock requirement and a separate suspension, it rarely helps and often makes the overall consequences worse.

Can you expunge or seal a DUI in Alabama

A DUI conviction cannot be expunged in Alabama. Under Code 15-27-1, DUI is treated as a serious traffic offense under Article 9 of Chapter 5A of Title 32, and that subsection expressly excludes serious traffic offenses from expungement, so a person who is convicted of DUI cannot later clear it from the record no matter how much time passes. The only way a DUI ends up expungeable is if the charge never resulted in a conviction. A DUI charge that ends in a dismissal, a no-bill, or an acquittal can be expunged under the same statute, which removes that non-conviction record from public databases while law enforcement and the courts retain access. People sometimes assume the 2021 expungement amendment that opened the door to certain misdemeanor convictions applies to DUI, but it does not, because the serious traffic offense carve-out controls. For that reason, the practical path to a clean record in a DUI case is to avoid a conviction in the first place, not to expunge one afterward.

What to do after a DUI arrest in Alabama

An Alabama DUI generates two matters at once: a criminal case in court and an administrative license action at ALEA. Deadlines are short, especially for contesting a suspension or a chemical-test refusal, so a common first step is to read the arrest and suspension paperwork carefully to learn the dates that apply. The criminal case proceeds on its own schedule through arraignment, pretrial, and resolution, while ALEA acts on the driving privilege separately. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, the evidence, and your record. The court case and the license action run separately, so have an Alabama DUI lawyer read your suspension paperwork for the deadlines in a free consultation (attorney advertising). Keep copies of the arrest report, any suspension notice, and the test results.

More Alabama Laws

• Alabama Expungement Laws
• Alabama Warrant Search

Frequently Asked Questions

What is the BAC limit in Alabama?

The per se limit is 0.08 percent BAC under Code 32-5A-191. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance limit. School bus and day care drivers are also held to the 0.02 percent threshold.

How long do you lose your license for a first DUI in Alabama?

A first DUI carries a 90-day license suspension, but ALEA stays that suspension if you voluntarily install an ignition interlock device for 90 days. A refusal or a high BAC triggers a separate suspension and a longer interlock requirement.

Is a first DUI a felony in Alabama?

No, a first DUI is a misdemeanor. A DUI becomes a Class C felony on the fourth conviction within 10 years under Code 32-5A-191, or sooner if it causes serious physical injury or death. It is also a Class C felony if the driver already has a previous felony DUI conviction, and under Code 32-5A-191(p)(2) every DUI conviction after a felony DUI is treated as a felony regardless of how long ago that felony conviction occurred.

Do you need an interlock for a first DUI in Alabama?

Not always. A first offender with a BAC under 0.15 percent can voluntarily install an interlock for 90 days to avoid the suspension. The device is mandatory for one year if the BAC was 0.15 percent or higher, a child under 14 was present, or someone was injured, and for one year if you refused testing.

What happens if you refuse a breathalyzer in Alabama?

Under implied consent, refusing the post-arrest chemical test triggers an administrative license suspension and a mandatory one-year ignition interlock requirement on a first offense. The refusal can also be used as evidence in the criminal case.

How long does a DUI stay on your record in Alabama?

A DUI counts as a prior for 10 years under Alabama's look-back period, except that a felony DUI conviction counts as a prior indefinitely. A DUI conviction stays on the criminal record permanently because it cannot be expunged, since DUI is a serious traffic offense excluded from expungement under Code 15-27-1.

Can you get a DUI expunged in Alabama?

No, not a conviction. A DUI conviction cannot be expunged because DUI is a serious traffic offense excluded from expungement under Code 15-27-1. Only a DUI charge that ends in dismissal, a no-bill, or acquittal can be expunged.

What is the look-back period for DUI in Alabama?

Alabama uses a 10-year look-back period. Prior DUI convictions within 10 years count toward enhanced penalties for second and third offenses and toward the Class C felony at the fourth offense. A previous felony DUI conviction is the exception: under Code 32-5A-191(p)(2) it makes every subsequent DUI conviction a felony regardless of its date, so the 10-year window does not limit it.