• State Penal Code: AL Code 32-5A-191
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – throughout the year
• Alcohol Exclusion Laws Limiting Treatment – Yes

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Alabama are:

1st Refusal

• 90 day license suspension

2nd Refusal

• 1 year license suspension

3rd Refusal

• 1 year license suspension

• In Alabama the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

• 30 day license suspension
• Possible combination of the minimum mandatory DUI/DWI fines and penalties

1st Offense

• 90 day suspension of driver’s license
• $500 – $2000 fine
• Prison (1 year maximum sentence, no minimum)

2nd Offense

• License Revoked for 1 year

• $1000 – $5000 fine

• Prison (48 hours minimum, 1 year maximum)

• A minimum of 20 days Community Service

• Installation of Ignition Interlock Device

– Aggravated DUI/DWI in Alabama can be the result of several different circumstances which are:

1. BAC of .15 or above
2. A prior DUI/DWI on your record
3. A passenger aged 14 years or younger
4. An accident involving injury to someone else

Penalties include:

• License suspended for 1 year

• $4000 fine

• Prison (2 year maximum)

• Possible felony charge

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Alabama an SR-22 must be filed with the Department of Public Safety (DPS) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DPS and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Alabama does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply