Information on Alabama’s DUI and Ignition Interlock Laws

Alabama ignition interlock laws require that any driver convicted of Driving Under the Influence (DUI) with a blood alcohol concentration (BAC) of .15 or higher must install an ignition interlock device (breathalyzer) on every vehicle they own or which is registered to them. Installing an ignition interlock can reduce or eliminate license suspension terms.

When you are arrested for a DUI in Alabama your license can be suspended in two different ways. The suspensions are separate, and must both be dealt with if you are to regain your driving privileges:

Administrative Per Se: This happens if you fail or refuse a breath test. Your license will be confiscated, and you will be given a temporary 15-day driving permit. You can request an administrative hearing to formally review your pending suspension. You must request this hearing within 10 days of your arrest.

Pre-Trial Diversion: If you participate in a pre-trial diversion program for your DUI charge, you will be required to install an ignition interlock device and complete other requirements to avoid having your charge listed as a conviction.

Judicial: This occurs when you are sentenced by a court after a trial or plea agreement.

1^st Conviction: Imprisonment not more than one year and/or by fine of not less than $600 nor more than $2,100 and suspension of driver’s privilege or license for a period of 90 days.*

2^nd Conviction within a 10-year period: Imprisonment, which may include hard labor, for not more than one year (includes a mandatory minimum sentence of imprisonment which may not be suspended or probated for not less than five days OR not less than 30 days of community service) and a fine of not less than $1,100 nor
more than $5,100 and revocation of driver’s privilege or license for three years.*

3^rd Conviction: Imprisonment, which may include hard labor, for not less than 60 days nor more than one year (includes a minimum mandatory sentence of 60 days imprisonment which cannot be probated or suspended), not less than 30 days of community service and a fine of not less than $1,100 and revocation of driver’s privilege or license for three years.

*Note: Pursuant to §32-5A-191 (n), Ala. Code 1975, if any person is convicted of this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the above minimum punishments.

Every situation and state is unique, please consult with your attorney or your state licensing authority to confirm your requirements and obligations.

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