Skip to main content
⚖️
DUIFinders.com

First DUI Penalties in Alabama (2026)

Complete guide to what happens when you get your first DUI in Alabama — jail time, fines, license suspension, and what you can do about it.

Understanding First-Offense DUI in Alabama

A first-offense DUI in Alabama is classified as a Misdemeanor. While this is the least severe DUI charge, the consequences are still significant and can affect your life for years. Alabama uses a 5-year lookback period, meaning any subsequent DUI within that window will be treated as a repeat offense with harsher penalties.

Alabama takes DUI offenses seriously with escalating penalties. The state uses a 5-year lookback period and requires ignition interlock devices for all DUI convictions. The BAC (Blood Alcohol Concentration) limit in Alabama is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. Being at or above these limits creates a "per se" DUI charge — the prosecution does not need to prove impairment.

Penalties Breakdown

ClassificationMisdemeanor
Jail TimeUp to 1 year
Fines$600–$2,100
License Suspension90-day suspension
Mandatory Minimum JailNo
Ignition InterlockRequired for all DUI convictions
Insurance RequirementSR-22 required for 3 years

What Happens After a First DUI Arrest in Alabama

After being arrested for a first DUI in Alabama, you will face two separate proceedings: a criminal court case and an administrative license suspension through the DMV. Alabama has implied consent laws, meaning you automatically consent to chemical testing by driving on state roads. Refusing a test triggers additional penalties.

The criminal case will determine whether you are convicted and what sentence you receive. Meanwhile, the DMV will independently suspend your license. In many cases, you have only 10 to 30 days to request a DMV hearing to challenge the suspension. Missing this deadline means an automatic suspension.

How a DUI Attorney Can Help

An experienced DUI attorney in Alabama can challenge the traffic stop, question the accuracy of breath or blood tests, negotiate reduced charges (such as a "wet reckless"), protect your driving privileges, and minimize the long-term impact on your record. Attorney fees for a first DUI typically range from $2,000 to $5,000, but the savings in reduced penalties and protected employment can be far greater.

Unfortunately, Alabama does not allow DUI expungement. This makes it even more important to fight the charges or negotiate a reduction with an experienced attorney.

Need a DUI Attorney in Alabama?

Connect with experienced DUI lawyers in Birmingham, Montgomery, Huntsville and across Alabama.

Find a DUI Attorney →

Related Resources

Official Sources

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only.

Frequently Asked Questions

What is the penalty for a first DUI in Alabama?

A first DUI in Alabama is classified as a Misdemeanor. Penalties include Up to 1 year jail time, $600–$2,100 in fines, and 90-day suspension.

Will I go to jail for a first DUI in Alabama?

Alabama does not have mandatory minimum jail for a first DUI, but the judge can sentence up to Up to 1 year.

How much does a first DUI cost in Alabama?

Court fines alone are $600–$2,100, but total costs including attorney fees, classes, insurance increases, and IID installation typically range from $10,000 to $25,000.

Will I lose my license for a first DUI in Alabama?

Yes. A first DUI in Alabama results in 90-day suspension. You may be eligible for a restricted license with an ignition interlock device.

Can a first DUI be expunged in Alabama?

No, Alabama does not currently allow DUI expungement.

⚖️ Find a DUI Attorney Now