First Offense DUI in Alabama

An Alabama DUI (Driving Under the Influence) refers to the act of operating a vehicle within the state while under the control of alcohol, drugs, or any other impairing substance. According to § 32-5A-191 of the Alabama Code, a first-time DUI violation may result in considerable fines with legal and personal consequences.

Penalties for DUI violations in Alabama are severe, including automatic license suspension, substantial fines, and potential jail time. These strict measures highlight the state's commitment to public safety and its efforts to discourage repeat offenses.

What Qualifies as a First DUI in Alabama?

In Alabama, a first-time DUI refers to a person's initial conviction for violating the state's DUI law. Under Alabama law, a person commits a DUI violation if they physically operate a vehicle with:

• A Blood Alcohol Concentration of 0.08% or higher,
• Impairment from alcohol, controlled substances, a combination of substances, or any substance that may render them incapable of safely operating a vehicle.

Blood Alcohol Concentration measures the alcohol percentage in 100g of blood or 210 litres of breath. In Alabama, legal BAC limits depend on the driver's age and vehicle type.

Adults 21 years and older must have BACs below 0.08%. Commercial drivers have a stricter BAC limit of 0.04% (and 0.02 if they drive School Buses and Daycare Vehicles). Individuals under 21 must not operate a vehicle in the state with a BAC of 0.02% or higher.

Law enforcement officers in Alabama determine impairment through a series of tests, including:

• Initial observations for signs of impairment, such as:
  • erratic driving
  • Speeding
  • Swerving
  • Slurred speech
  • Bloodshot or watery eyes
  • Smell of alcohol or drugs
  • Open containers in the vehicle
  • Poor motor skills or confusion
• Field Sobriety Tests (FSTs), including:
  • Horizontal Gaze Nystagmus (HGN)
  • Walk-and-Turn
  • One-Leg Stand
• Preliminary Breath Test (PBT)
• Chemical Testing (Post-Arrest) through blood, saliva, urine, or breath samples.

Possible Penalties for a First Offense DUI in Alabama

A first DUI violation is a misdemeanor with significant penalties that may escalate if there are aggravating factors such as the presence of a child passenger in the vehicle, refusal to take a chemical test, or high BAC level. In Alabama, the statutory penalties for a first-time DUI offense include:

• An automatic 90-day license suspension without a hardship license unless the offender opts for an IID
• Installation of Ignition Interlock Device for 6 months or two years if the offender:
  • Refuses a chemical test
  • Has a passenger below 14 years in the vehicle
  • The violation results in an accident with injuries and property damage
• Fines and court fees ranging between $600.00 and $2,100.00
• A mandatory 48 hours in jail (this may extend to 1 year) or 20 hours of community service
• Completed a court-approved DUI or substance abuse program.

Do You Lose Your License for a First DUI in Alabama?

Yes, a first DUI in Alabama may likely result in license suspension. A DUI arrest in Alabama typically leads to a 90-day administrative license revocation if the offender has a BAC of 0.08% or higher (0.04% for commercial drivers and 0.02% for individuals under 21 years old). The suspension may extend to 180 days for refusing a chemical test.

An administrative license suspension takes effect 45 days after a DUI violation if the offender does not request a hearing within 10 days after the offense. Furthermore, the court may impose a 90-day license suspension after conviction.

Alabama does not issue hardship licenses during suspension. However, offenders may install Ignition Interlock Devices to continue driving.

What Is the Implied Consent Law in Alabama, and How Does It Affect First DUI Cases?

The Alabama Implied Consent Law postulates that all persons operating motor vehicles on public roads in the state automatically agree to chemical testing during lawful arrests for DUI violations, including blood, breath, saliva, and urine tests. Failure to comply with the Implied Consent Law may result in an automatic license revocation by the Alabama Law Enforcement Agency and typically becomes evidence in a potential court trial. Law enforcement may obtain a warrant to enforce the testing, and subsequent refusal will increase the penalties.

During traffic stops and at sobriety checkpoints, law officers in Alabama determine impairment through:

• Initial observations to determine erratic or suspicious driving behaviors
• Field Sobriety Tests that may include Horizontal Gaze Nystagmus (HGN), walk-and-turn, and one-leg stand tests
• Preliminary Breath Test (PBTs)
• Chemical testing, including breath, blood, and urine tests.

Drivers in Alabama may refuse to submit to pre-arrest Field Sobriety Tests without legal penalties. However, the Alabama Implied Consent Law comes into effect after an arrest, and refusing a chemical test will lead to an automatic suspension of their license and other potential penalties.

Is an Ignition Interlock Device Required for a First DUI Offense in Alabama?

In Alabama, a first DUI offense requires the installation of an Ignition Interlock Device for one year if aggravating factors are present. These include:

• The presence of a passenger below 14 years
• Refusing to submit to a chemical test
• Having a BAC of 0.15% or higher
• Causing injuries to other persons.

Offenders must install IIDs for 1 year on any vehicle they operate to maintain their driving privileges. Even without aggravating factors, a first-time DUI violator may install an IID to avoid license suspension. All costs of an IID are the offender's responsibility.

Can a First DUI Be Dismissed or Reduced in Alabama?

Due to Alabama's stringent laws, there is a low possibility of dismissal or reduction of charges for DUI. However, there are specific circumstances where a dismissal or penalty reduction is possible. For instance, the court may dismiss a DUI violation if:

• There is a lack of probable cause for the traffic stop
• Improper administration of FSTs
• Violation of constitutional rights.

Furthermore, the defence attorney may successfully challenge the prosecutor's evidence, or the offender agrees to lesser charges in exchange for dismissal.

Alabama courts may also reduce the sentence for a DUI violation if the offender has no previous convictions, completes an alcohol education program, the BAC level is close to the legally allowable limits, and there are no aggravating factors.

Long-Term Consequences of a First DUI

First DUI convictions in Alabama may have long-term consequences. A first DUI in Alabama is a misdemeanor that may stay permanently on records. These offenses become part of criminal records and are accessible through background checks.

DUI offenses in Alabama may impact employment prospects, personal standing, and insurance. For example, a DUI conviction may influence an employer's decision on a job role that requires a clean driving history. Also, insurers may designate car insurance policyholders guilty of serious DUI violations as high-risk drivers and increase their premiums or outright cancel them.

Do You Need a DUI Attorney in Alabama?

Although Alabama Law does not explicitly mandate hiring an attorney for a DUI violation, standing trial for one may not be in the offender's interest. A first DUI violation in Alabama is a criminal offense that may potentially cause jail time in addition to substantial fines. A skilled Alabama-licensed DUI attorney may navigate Alabama's DUI legal landscape to challenge the prosecutor's evidence to determine a lack of probable cause that may result in dismissal. An attorney may also negotiate plea bargains for lesser charges or pretrial diversion programs that may keep their clients out of jail after successful completion.