Summary of Alabama’s DUI Law

In Alabama a person may be charged with Driving Under the Influence (DUI) if he is found to be in actual physical control of a motor vehicle while:

(1) there is 0.08% or greater of alcohol in his blood,
(2) under the influence of alcohol,
(3) under the influence of a controlled substance,
(4) under the combined influence of alcohol and a controlled substance, or
(5) under the influence of any substance which impairs mental or physical faculties.

§32-5A-191(a)(1)-(5), Code of Ala. 1975.

Many people labor under the mistaken belief that they have to be driving a vehicle to be charged with DUI. However, to be charged with DUI, a person need only be in actual physical control of a motor vehicle. Actual physical control is the exclusive physical power, and present ability, to operate, move, park, or direct whatever use or nonuse is to be made of a motor vehicle at the moment, as determined by the totality of the circumstances.
(Adams v. State, 585 So.2d 161 (Ala. 1991)).

For instance, a person who meets one of the above conditions and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI.

There are several occasions when individuals will be held to a higher standard than those conditions stated above. As part of the deterrence to underage drinking a person under the age of 21 may not be in actual physical control of a motor vehicle with a blood alcohol level of 0.02% or greater. An under-aged individual (under 21) convicted, or adjudicated guilty of DUI with a blood alcohol level between 0.02% and 0.08% on a 1st offense DUI will have his drivers license suspended for a minimum of 30 days in lease of as any other punishments imposed by the court.
§ 32-5A-191(b), Code of Ala. 1975.

The penalties are more severe if the under-aged individual had a blood alcohol content of over .08%. Furthermore, a person who is operating a school bus or a day care vehicle is prohibited from operating a vehicle while there is 0.02% or greater of alcohol by weight in his blood. If a person is convicted under this section, in addition to any other penalties, he shall have his driver’s license suspended for a minimum of 1 year.
§ 32-5A-191(c), Code of Ala. 1975.

The penalties for DUI have increased dramatically in the past few years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI offenses.

The first DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The defendant will also be ordered to attend a court approved substance abuse program and he will have his driver’s license suspended for 90 days.
§ 32-5A-191(e), Code of Ala. 1975.

If a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. However, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense. A second DUI is a misdemeanor with a jail term of no less than 48 hours and up to 365 days in the county or municipal jail. A court may allow a defendant to perform 20 days of community service in lieu of the required 48 hours imprisonment. On a second conviction the accused will be fined between $1,100 and $5,100, his license will be suspended for 1 year, and he will be required to attend a court ordered treatment program.

§ 32-5A-191(f), Code of Ala. 1975.

A third DUI conviction within a person’s lifetime is also a misdemeanor. Upon conviction he will be sentenced to no less than 60 days and no more than 1 year in the county or municipal jail. The accused shall be fined between $2,100 and $10,100, have his driver’s license suspended for 3 years and shall be required to complete a court ordered alcohol treatment program.
§ 32-5A-191(g), Code of Ala. 1975.

The fourth, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to no less than one year and one day and no more than 10 years imprisonment. He will be fined between $4,100 and $10,100 dollars, and have his driver’s license suspended for 5 years. The accused will also be required to attend a court approved substance program.
§ 32-5A-191(e), Code of Ala. 1975.
§ 32-5A-191(h), Code of Ala. 1975

A person considering their options in a DUI case should also be aware that in the spring of 1999 the legislature passed Alabama’s first child enhancement amendment for DUI cases. This amendment doubles the minimum punishments if a person over the age of 21 is convicted of DUI and, at the time of the stop, they had a child under the age of 14 in the vehicle.
§ 32-5A-191(n), Code of Ala. 1975.

If individuals are arrested for DUI and driving a commercial vehicle, special rules apply. The blood alcohol limit is .04%.

We also have a law concerning boating under the influence of alcohol and/or a controlled substance. The “legal limit” on the water of this state is at .08% blood alcohol.