DUI Laws in Alabama

Summary of Alabama driving under the influences statutes.

Prohibited Vehicular Activity:

• "drive or be in actual physical control"

Covered Vehicles or Devices:

• "of any vehicle" or "of any vessel, or manipulate any water skis, aquaplane, or other marine transportation device"

Covered Locations:

• "upon highways and elsewhere throughout the state" or "on the waters of this state"

Under the Influence Offenses:

• "there is 0.08 percent or more by weight of alcohol in his or her blood"
• "under the influence of alcohol"
• "under the influence of a controlled substance to a degree which renders him or her incapable of safely driving"
• "under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving"
• "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"
• If under 21, school bus driver, or day care driver, if "there is .02 percentage or more by weight of alcohol in his or her blood."
• If commercial motor vehicle - "if there is .04 percentage or greater by weight of alcohol in his or her blood."

Other Criminal Offenses Involving Under the Influence Offenses:

A person commits criminal homicide if he/she intentionally, knowingly, recklessly or with criminal negligence casues the death of another person. The homicide may be tried as murder, manslaughter, or criminally negligent homicide, depending on the facts and circumstances of the case at the discretion of the district attorney.

A person commits the crime of assault in the first degree if while driving under the influence he causes serious bodily injury to the person of another with a motor vehicle.

A person commits the crime of murder, manslaughter, or criminally negligent homicide if while operating a vehicle or vessel, driving under the influence is the proximate cause of the death of another person.

Degree of Impairment Required: Under the influence of alcohol/any substance to the extent that it affects his ability to operate his vehicle in a safe manner.

Penalties for Driving Under the Influence Offenses:

For first conviction:Jail sentence of not more than one year; Fine of $600-$2100; 90 day license suspension; mandatory court referral evaluation; probation not to exceed two years. Ignition interlock required. (Duration depends upon test result of 0.15% or greater on refused test).

For second conviction (within a 10 year period): Jail sentence of not more than one year, mandatory minimum of 5 days jail sentence to serve or community service for not less than 30 days; Fine of $1,100-$5,100; 1 year license revocation; Court referral evaluation, manditory ignition interlock for two years

For third conviction (within a 10 year period): Jail sentence of not more than one year, mandatory minimum of 60 days to serve; Fine of $2,100-$10,100; 3 year license revocation; Court referral evaluation, manditory ignition interlock for three years.

For felony conviction (within a 10 year period):Class C felony; Imprisonment of not less than one year and one day nor more than 10 years with a minimum mandatory jail sentence of 10 days; Fine of $4,100-$10,100; 5 year license revocation; Court referral evaluation

Penalties for Other Criminal Offenses Involving Under the Influence Offenses:

• Criminally negligent homicide: Class C Felony
• Assault in the first degree: Class C Felony
• Homicide by vehicle or vessel: Imprisonment of not less than one year nor more than 10 years; Fine not to exceed $15,000

Statutory Drunk Driving Presumptions:

• If 0.05 percent or less BAC, it shall be presumed that the person was not under the influence of alcohol
• If excess of 0.05 percent but less than 0.08 percent BAC, no presumption that the person was or was not under the influence of alcohol.
• If 0.08 percent or more BAC, it shall be presumed that the person was under the influence of alcohol.

Implied Consent Laws:

• Tests permitted: Blood, breath or oral fluid; one or more samples as directed by law enforcement

Type of advisement required:

• Of implied consent law requirements; of penalties for refusing testing.

Penalties for refusal:

• 90 day license suspension for first refusal; if determined to be second or subsequent refusal in ten year period, 1 year license suspension; 3 year license suspension if third refusal in 10 years; if operating a commercial motor vehicle and refuses, 1 year disqualification; if operating a commercial motor vehicle and refuses, lifetime disqualification of CDL endorsement.

Admissibility of refusal:

• Admissible in both civil and criminal trials; no right to consult an attorney prior to blood or breath test.

Implied Consent Laws

• Accidents Involving Death or Serious Injury Tests permitted: Blood for determining alcoholic content of his or her blood or the presence of any impairing substance
• Penalties for refusal: 2 year suspension

Chemical Test Laws:

"Chemical analyses of the person's blood, oral fluid, breath or other bodily substance to be considered valid under the provisions of the section shall have been performed according to the methods approved by the Department of Forensic Sciences and by an individual possessing a valid permit issued by the Department of Forensic Sciences for this purpose."

Blood-Drawing Statute:

When a person submits to a blood test, only a physician or registered nurse (or other qualified person) may withdraw blood for the purpose of determining the alcohol content.

Independent Test Statute:

"The person testing may at his expense have a physician, or a qualified technician, registered nurse or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the discretion of a law enforcement officer. The failure of inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer."

Anti-Plea Bargaining Statute:

None, but "reducing" a DUI to reckless driving or other traffic offense prohibited by statute. See, code section 32-50-191 (L)

Suspension of Driver's License for Alcohol Related Offenses Statutes:

Administrative Per Se Law: If BAC is 0.08 percent or greater, license suspension

Refusal: If refuses to submit to testing, license suspension

Periods of Suspensions: 90 days: no prior alcohol or drug-related contacts during immediate preceding 10 years

• 1 year: one prior alcohol or drug-related contacts during immediate preceding 10 years
• 3 years: two or three prior alcohol or drug-related contacts during immediate preceding 10 years
• 5 Years: four or more prior alcohol or drug-related contacts during immediate preceding 10 years

Administrative Review: Any person who has received a notice of suspension or notice of intended suspension may request for the information to be reviewed by the Secretary of the Alabama Law Enforcement Agency or one of his agents to determine if the evidence of the suspension is sufficient.

Administrative Hearings: Any person who has received a notice of intended suspension may request a hearing on the matter within 10 days of receipt of that notice. The hearing will be conducted by the Secretary of the Alabama Law Enforcement Agency or one of his agents. Within 30 days of the issuance of the hearing results, a person aggrieved by the determination of the hearing shall have the right to file a petition in the circuit court for judicial review.

Alabama Law Enforcement Agency– http://ALEA.alabama.gov/Home/Default.aspx

AL State Bar – http://alabar.org

AL Circuit Court Clerk's – http://www.acadv.org/courts.html

AL Judicial System (e-filing) – http://judicial.alabama.gov/