Summary of Alabama's DUI Law
In Alabama a person may be charged with Driving Under the Influence (DUI) if he is in actual physical control of a motor vehicle while (1) there is 0.08% or greater of alcohol in his blood, (2) under the influence of alcohol, (3) under the influence of a controlled substance, (4) under the joint influence of alcohol and a controlled substance, or (5) under the influence of any substance which impairs mental or physical faculties. §32-5A-191(a)(1)-(5), Code of Ala. 1975. Many people labor under the mistaken belief that they have to be driving a vehicle to be charged with DUI. But, to be charged with DUI, a person need only be in actual physical control of a motor vehicle. Actual physical control is the exclusive physical power, and present ability, to use, move, park, or direct whatever use or nonuse is to be made of a motor vehicle now, as determined by the totality of the circumstances. Adams v. State, 585 So.2d 161 ( Ala. 1991). For instance, a person who meets one of the above rules and who is asleep in, or simply sitting in, a motor vehicle may be guilty of DUI.
There are several occasions when people will be held to a higher standard than those rules said above. As part of the deterrence to underage drinking a person under the age of 21 may not be in actual physical control of a motor vehicle with a blood alcohol level of 0.02% or greater. An under-aged person (under 21) convicted, or judged guilty of DUI with a blood alcohol level between 0.02% and 0.08% on a 1st offense DUI will have his drivers license suspended for a least of 30 days and any other punishments imposed by the court. § 32-5A-191(b), Code of Ala. 1975. The penalties are more severe if the under-aged person had a blood alcohol content of over .08%. Also, a person who is using a school bus or a day care vehicle is banned from running a vehicle while there is 0.02% or greater of alcohol by weight in his blood. If a person is convicted under this section, besides to any other penalties, he must have his driver’s license suspended for a minimum of 1 year. § 32-5A-191(c), Code of Ala. 1975.
The penalties for DUI have increased dramatically in the past few years. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on the number of prior DUI offenses. The first DUI conviction in a person’s lifetime is a misdemeanor. Upon conviction the defendant may be given a sentence of up to 365 days in the county or municipal jail and a fine between $600 and $2,100. The defendant will also be ordered to be at a court approved substance abuse program and he will have his driver’s license suspended for 90 days. § 32-5A-191(e), Code of Ala. 1975.
If a person has only one prior DUI, and the day that he is convicted of his second DUI is more than 5 years after the date of conviction for his first DUI, he will be sentenced within the range of punishment as a first offender. Yet, if the second DUI conviction is within 5 years of the first conviction he will be punished as a second offense. A second DUI is a misdemeanor with a jail term of at least 5 days and up to 365 days in the county or municipal jail. A court may allow a defendant to do 30 days of community service instead of the needed 5 days imprisonment. On a second conviction the accused will be fined between $1,100 and $5,100, his license will be suspended for 1 year, and he will be wanted to go to a court ordered treatment program. § 32-5A-191(f), Code of Ala. 1975.
A third DUI conviction within a person’s lifetime is also a misdemeanor. Upon conviction he will be sentenced to at least 60 days and no more than 1 year in the county or municipal jail. The accused will be fined between $2,100 and $10,100, have his driver’s license suspended for 3 years and must be required to finish a court ordered alcohol treatment program. § 32-5A-191(h), Code of Ala. 1975.
The fourth, or subsequent, DUI is a Class C felony. A person convicted of felony DUI will be sentenced to at least one year and one day and no more than 10 years imprisonment. He will be fined between $4,100 and $10,100 dollars, and have his driver’s license suspended for 5 years. The accused will also be needed to go to a court approved substance program. § 32-5A-191(e), Code of Ala. 1975. § 32-5A-191(h), Code of Ala. 1975
A person considering their options in a DUI case should also be aware that in the spring of 1999 the legislature passed Alabama’s first child enhancement change for DUI cases. This change doubles the smallest punishments if a person over the age of 21 is convicted of DUI and, when of the stop, they had a child under the age of 14 in the vehicle. § 32-5A-191(n), Code of Ala. 1975.
If people are arrested for DUI and driving a commercial vehicle, special rules apply. The blood alcohol limit is .04%.
We also have a law concerning boating under the influence of alcohol and/or a controlled substance. The "legal limit" on the water of this state is at .10% blood alcohol.
