Alabama DUI Penalties: Jail, Fines, and License Action

Alabama DUI penalties scale sharply with how many prior convictions you have in the last ten years and with aggravating facts like a high blood alcohol concentration or a child in the car. A first conviction is a misdemeanor that can bring up to a year in jail and a fine of up to $2,100. A fourth conviction inside the ten-year window becomes a Class C felony with prison time of one year and a day up to ten years. Every conviction also costs you your license for a period and puts an ignition interlock device on your vehicle when you get it back.¹

Alabama counts priors on a ten-year lookback measured from the date of your current offense. A conviction from nine years ago still makes today’s arrest a second offense. One wrinkle sits outside the window: if you have any prior felony DUI conviction at any point in your history, every new DUI is charged as a felony, no matter how old that prior is.¹

First Offense

A first DUI is a misdemeanor. The judge can impose up to one year in jail, a fine between $600 and $2,100, or both. There is no mandatory minimum jail sentence at this level, so sentencing is largely at the judge’s discretion.¹

Your license is suspended for 90 days. You can keep driving during that period by voluntarily installing an ignition interlock device for 90 days; the device requires you to blow into a breathalyzer before the engine will start, and choosing this option stays the suspension for the full 90 days.²

Every person convicted of DUI must also complete a court-referred DUI or substance abuse program, including first-time offenders.¹

Second Offense

A second DUI inside ten years is still a misdemeanor, but mandatory penalties kick in that the judge cannot waive. The fine runs $1,100 to $5,100, and the maximum jail term stays at one year. The court must impose either five days in jail or 30 days of community service, and that portion of the sentence cannot be suspended or placed on probation.¹

Your license is revoked for one year, and you must have an ignition interlock installed for two years after reinstatement. The substance abuse program is required again.²

Third Offense

A third DUI inside ten years remains a misdemeanor on paper, but the mandatory floor is 60 days in jail that cannot be suspended or probated. The ceiling is still one year. Fines run $2,100 to $10,100.¹

The license revocation stretches to three years, followed by a mandatory three-year interlock requirement when you reinstate.²

Fourth and Subsequent Offenses

A fourth DUI inside ten years is a Class C felony. The same felony charge applies to anyone with a prior felony DUI conviction at any point in their history. The fine runs $4,100 to $10,100, and the prison sentence runs from one year and one day up to ten years. The mandatory minimum is ten days in county jail. A judge can suspend or probate the balance only if the defendant enrolls in and completes a state-certified chemical dependency program.¹

License revocation jumps to five years, with four years of ignition interlock after reinstatement. Where probation is granted, the court may also impose house arrest with electronic monitoring.²

What Makes the Penalties Worse

Certain facts about your arrest add weight on top of the base penalty for whatever offense level you’re facing.

A BAC of 0.15% or Higher

A blood alcohol concentration at or above 0.15% raises everything. On a first conviction, the fine range becomes $1,200 to $4,200 instead of $600 to $2,100, and the ignition interlock requirement becomes mandatory for a full year rather than a voluntary 90 days. On a second offense, the mandatory jail minimum doubles from five days to ten and the interlock period doubles from two years to four. On a third, the jail minimum jumps from 60 to 120 days and the interlock period runs six years instead of three.¹²

A Child Passenger Under 14

Having a passenger under 14 in the vehicle at the time of the offense doubles the minimum sanctions at every offense level. On a first conviction, an interlock becomes mandatory for two years rather than the standard voluntary 90 days.¹

Injury or Death

When a DUI results in serious injury or a death, the driver faces separate felony charges on top of the DUI itself. Alabama’s general vehicular homicide statute excludes DUI cases, so prosecutors typically charge under the state’s assault or homicide statutes. Those carry significantly longer prison exposure than a felony DUI alone.³

The Administrative License Action Is Separate

Your license case runs on a separate track from the criminal charge, and the Alabama Law Enforcement Agency (ALEA) handles it. Under Alabama’s implied consent law, driving on state roads already counts as agreeing to a chemical test when an officer arrests you for DUI.⁴

Your license faces administrative suspension if you either fail the test at 0.08% or higher or refuse to take it. Refusal carries a suspension of at least 90 days.⁴

You have ten days from the date on the notice of suspension to request an administrative hearing. Miss that deadline and you waive your right to a hearing and judicial review. The hearing itself is narrow: it asks whether you were driving at 0.08% or higher, or whether you refused a lawful test.⁵

Because the two tracks are independent, you can lose your license administratively even if the criminal charge is later reduced or dismissed. Getting it back takes payment of the applicable fees and, in most cases, proof of interlock installation.

If You’re Under 21

Alabama applies a lower BAC threshold to drivers under 21. If you’re under 21 and your BAC is 0.02% or higher, the DUI statute applies. For a first violation where your BAC falls between 0.02% and 0.08%, the penalty is a 30-day license suspension instead of the standard criminal penalties, and disclosure of the arrest and conviction is limited to courts, law enforcement, your attorney, and your employer.¹

At 0.08% or above, the under-21 carve-out disappears and you face the full adult penalties described above, including fines, possible jail, and the interlock requirement. A second or later underage violation in the 0.02% to 0.08% band also triggers the full penalty schedule and the mandatory substance abuse program.

If You Hold a CDL

A commercial driver’s license carries its own federal consequence. A first DUI brings a minimum one-year CDL disqualification, whether or not you were in a commercial vehicle at the time. If the vehicle was carrying hazardous materials, that disqualification runs at least three years. A second DUI results in lifetime CDL disqualification, though federal rules allow states to permit reinstatement after at least ten years under certain conditions.⁶

Costs Beyond the Fine

The statutory fine is only part of what a DUI costs. The other pieces add up quickly:

Ignition interlock installation and monthly monitoring fees for the entire period the device is required.
Enrollment and completion fees for the mandatory DUI or substance abuse program.
ALEA license reinstatement fees after a suspension or revocation.
SR-22 insurance. Alabama typically requires an SR-22 certificate of financial responsibility after a DUI-related suspension, generally for about three years, and premiums are higher. If the SR-22 policy lapses during that period, your insurer notifies the state and your license can be suspended again.

Combined with higher insurance premiums and lost income from jail time or license restrictions, even a first DUI often costs several thousand dollars beyond the statutory fine.

1
Alabama Legislature. Alabama Code 32-5A-191 – Driving While Under Influence of Alcohol, Controlled Substances, Etc.
2
Alabama Law Enforcement Agency. Ignition Interlock Laws
3
Alabama Legislature. Alabama Code 32-5A-190.1 – Homicide by Vehicle
4
Alabama Legislature. Alabama Code 32-5-192 – Implied Consent; When Tests Shall Be Given
5
Alabama Legislature. Alabama Code 32-5A-307 – Administrative Hearing
6
Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications