Penalties, Costs, Next Steps & Defense Guidance

After a DUI arrest in Alabama, you’re facing two battles: the criminal charge in court and the administrative process that can suspend your license. What you do in the first two weeks after your arrest is critical. Quick action may preserve driving privileges and strengthen your legal defense.

A skilled Alabama DUI lawyer manages both sides—handling hearings, challenging test results, and negotiating alternatives such as ignition interlock or hardship driving.

DUI laws in Alabama are found under Code of Alabama §32-5A-191, which spells out the legal BAC thresholds and the penalties for first-time and repeat offenders.

• BAC limits: 0.08% for adults, 0.04% for CDL drivers, 0.02% for drivers under 21 (and certain school/day-care drivers).
   
• First-offense penalties: Maximum 1 year in jail, fines ranging from $600–$2,100, and a 90-day license suspension (can be worse with high BAC, refusals, or aggravating factors).
   
• Repeat DUIs: Prior convictions within 10 years increase penalties.
   
• Implied consent: Refusing chemical testing can suspend your license even if you’re never convicted.
   
• Ignition interlock: Courts or ALEA may require it, but it can also shorten a suspension period.
   
• Expungement: Convictions for DUI cannot be removed under Alabama law.
   

“What happens after a first DUI in Alabama?”
A first conviction can mean up to 12 months in jail, fines between $600–$2,100, and a 90-day suspension of your driver’s license. Judges often add alcohol education, treatment, community service, or ignition interlock—especially when the BAC is .15 or higher, if there’s an accident, or if a child was in the vehicle. Even if you aren’t convicted, refusing a breath test can still cost you your license.

“Will I go to jail for a first DUI in Alabama?”
Jail is possible but not guaranteed. Many first-time offenders are sentenced to probation, treatment programs, or fines instead. Jail becomes more likely if there are aggravating details like a high BAC, an accident, or injuries. Having a DUI lawyer early gives you the best chance to avoid jail.

“Is a DUI in Alabama a felony or misdemeanor?”
Most DUIs—first, second, or third within 10 years—are misdemeanors. A fourth DUI, or one involving serious injury, can be charged as a felony. Prior felony DUI convictions can also make future DUIs felonies.

“What is the legal limit in Alabama?”

• 21 and over: 0.08% BAC
   
• Commercial drivers: 0.04% while driving a commercial vehicle
   
• Under 21 / school bus & certain daycare drivers: 0.02%
   

Even if you’re below 0.08%, the State can still pursue charges if it argues your ability to drive was impaired.

“Should I refuse the breath test in Alabama?”
Refusing may seem tempting, but Alabama’s implied-consent law allows an automatic suspension of your license—often 90 days for the first refusal and longer for repeats. A refusal can also limit your options for driving with an interlock. A lawyer can review whether the officer lawfully advised you of your rights and whether the refusal is challengeable.

“How do I get my license back after a DUI in Alabama?”
Getting your license back usually requires serving the suspension, installing an ignition interlock device if ordered, paying ALEA reinstatement fees, and in many cases, filing SR-22 proof of insurance. The exact steps depend on whether you refused testing, your BAC level, and prior offenses.

“How long does a DUI stay on my record in Alabama?”
A DUI conviction stays on your record permanently. It cannot be expunged under current Alabama law. For sentencing purposes, Alabama courts use a 10-year lookback to determine whether a new DUI counts as a repeat offense.

“Can a DUI be expunged in Alabama?”
DUI convictions cannot be expunged. However, if charges were dismissed or you were found not guilty, it may be possible to clear the non-conviction record under Alabama’s expungement statute.

“How much does a DUI cost in Alabama?”
Expect to pay more than just fines. Costs can include court fees, probation supervision, alcohol treatment, ignition interlock fees, higher insurance rates (SR-22 filings), and lost wages from court dates. Insurance increases often last for several years.

“Can I drive for work after a DUI in Alabama?”
Possibly. In some cases, restricted or hardship driving may be allowed with an ignition interlock. CDL drivers face tougher rules, and a DUI can disqualify you from commercial driving even if you weren’t in a commercial vehicle at the time.

“What happens to CDL drivers after a DUI in Alabama?”
For CDL holders, the legal limit is only 0.04%. A DUI leads to CDL disqualification and, unlike personal licenses, an interlock device does not fix the problem. Because your job is at risk, legal help is critical as soon as you’re charged.

“What if I’m under 21 and get a DUI in Alabama?”
Drivers under 21 face a 0.02% limit. Even a small amount of alcohol can trigger a license suspension. Judges may order education programs, probation, or treatment. A conviction at this age can follow you into adulthood, affecting school opportunities, jobs, and insurance.

• First DUI: Up to 1 year in jail, $600–$2,100 fine, 90-day suspension, treatment/evaluation, possible ignition interlock (mandatory in certain cases).
   
• Second DUI (within 10 years): Higher fines, up to 1 year in jail, longer suspension, mandatory ignition interlock.
   
• Third DUI (within 10 years): 60 days to 1 year in jail (minimum 60 served), heavy fines, multi-year revocation, extended ignition interlock.
   
• Fourth or felony DUI: Felony charges with possible prison time, significant fines, and long-term license loss.
   

An ignition interlock device (IID) may be required after certain DUI convictions, especially if your BAC was .15 or higher, if you refused a test, or if a minor was in the car. In some cases, installing an interlock can reduce your suspension time and help you regain limited driving privileges sooner.

• Examines the stop and testing process: Identifies errors in field tests, machine calibration, and officer procedures.
   
• Handles the license process: Protects deadlines, fights suspensions, and works toward interlock or hardship solutions.
   
• Negotiates outcomes: Pursues reduced charges or treatment-focused resolutions when possible.
   
• Protects your future: Minimizes impact on jobs, CDL status, immigration, or professional licenses.
   

1. Write down details of the stop, tests, and any medical conditions.
    
2. Mark your calendar for license deadlines—these come quickly, especially if you refused testing.
    
3. Call an Alabama DUI lawyer to coordinate both the court case and ALEA requirements.
    
4. Complete any alcohol evaluation early to show responsibility.
    
5. Research ignition interlock providers so you’re ready if required.
    
6. Contact your insurance company about SR-22 filings (or a non-owner policy if you don’t own a vehicle).
    

Attorney Randal S. Ford has more than 34 years of experience defending DUI cases throughout Alabama. Based in Tuscaloosa, he focuses on protecting clients’ rights, licenses, and futures with aggressive and informed strategies.

📍 Address: 705 27th Avenue, Suite A, Tuscaloosa, AL 35401
📞 Phone: (205) 454-7500

When you search “Alabama DUI lawyer,” the Ford Firm is ready with clear guidance and strong defense.