Implied Consent Laws

Laws call for drivers suspected of driving under the influence to compromise to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Denial carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Alabama, any driver with a blood-alcohol concentration - or BAC - above .08 percent is considered “per se intoxicated” under the law. Under this statute, this proof is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Alabama, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more rigorous punishment for those convicted of DUI with a predominantly high blood-alcohol content at the moment in time of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Alabama.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties obligatory on drivers with a blood-alcohol concentration above Alabama’s maximum allowable level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning transitory or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Alabama, for the original DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either permanently or temporarily - is a risk in some states, generally for repeat offenders. This is not a penalty option in Alabama.

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Ignition Interlock

An ignition interlock device attaches to the convicted DUI offender’s motor vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a possibility in some states, this is not an alternative in Alabama.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol teaching and prevention program, treatment for alcohol abuse, and consideration of a person for possible alcohol or drug dependency can be required for DUI offenders in Alabama. These steps are often optional instead of serving a sentence of incarceration or paying fines.

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Mandatory Alcohol Education and Assessment/Treatment