By Chesley Payne
Alabama’s DUI law can be found under code section 32-5A-191 in the Code of Alabama.
The law in Alabama states that a person can be found guilty of violating this statute by:
- Having a blood alcohol content in excess of .08 or above
- Being under the influence of alcohol regardless of blood alcohol content to such an extent you cannot safely operate a motor vehicle
- Driving under the influence of a controlled substance (legal or illegal)
- Driving under the combined influence of alcohol or a controlled substance
- Driving under the influence of any other substance that safely impairs your ability to operate a motor vehicle
Fines can range from $600 to $10,100 depending on the number of previous convictions on your record. You can serve up to a year in jail for misdemeanor convictions. Any conviction after your third offense can be considered a felony and imprisonment can be for a minimum of one year and a day.
Any conviction under the DUI statute requires participation in a court-approved alcohol education and/or treatment program. Another important factor in being arrested for a DUI is the fact that your driver’s license can be suspended for an extended period of time depending on the discretion of the Alabama Department of Public Safety.
For individuals under 21, a blood alcohol content of .02 or above can result in a DUI conviction. However, if the blood alcohol content is between .02 and .08, the only punishment provided by statute may consist of a suspension of driving privileges for a specified period of time.
The surest way to avoid a conviction under the DUI statute is to use a designated driver or call on the services of a friend, family member or taxi service if you should find yourself in an impaired condition and be unable to drive. Driving a car is a privilege, not a right, and the law sets out penalties for those who abuse that privilege. Protect yourself and fellow drivers by avoiding driving in circumstances where you’re impaired.