Alabama DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §32-5A-191
A first DUI in Alabama is classified as a misdemeanor.
- Jail: 0 days (no statutory minimum for standard first offense) minimum to 1 year maximum
- Fine: $600 to $2,100 (plus $100 to Impaired Drivers Trust Fund)
- License suspension: 90 days (stayed if IID installed for 6 months)
- Substance abuse program: court referral program evaluation and DUI/substance abuse program required
- Probation: available
Second offense
- Jail: 5 days mandatory (not subject to suspension or probation; or 30 days community service) minimum to 1 year maximum
- Fine: $1,100 to $5,100
- License suspension: 1-year revocation
Third and subsequent offenses
- Jail/prison: 60 days mandatory (cannot be suspended) minimum to 1 year maximum
- Fine: $2,100 to $10,100
- License suspension: 3-year revocation
- Felony threshold: fourth offense within 10 years is a Class C felony (1 year 1 day to 10 years prison); once convicted of felony DUI, all subsequent DUIs are Class C felonies
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 0 days (no statutory minimum for standard first offense)–1 year §32-5A-191 | $600–$2,100 (plus $100 to Impaired Drivers Trust Fund) §32-5A-191 | 90 days (stayed if IID installed for 6 months) §32-5A-191 | |
| Second DUI | 5 days mandatory (not subject to suspension or probation; or 30 days community service)–1 year §32-5A-191 | $1,100–$5,100 §32-5A-191 | 1-year revocation §32-5A-191 | |
| Third DUI | 60 days mandatory (cannot be suspended)–1 year §32-5A-191 | $2,100–$10,100 §32-5A-191 | 3-year revocation §32-5A-191 |
Lookback period
Alabama uses a 10 years (extended from 5 years effective July 2018) Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.15
- Refusal of chemical test
- Child under 14 in vehicle (double the minimum punishment)
- Injury to another person
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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