Alabama DUI Defense: Penalties, License Deadlines, and Evidence

A DUI arrest in Alabama can start two separate matters: a criminal charge in court and a driver-license action through the Alabama Law Enforcement Agency (ALEA). The license deadline may arrive long before the first court date. The exact consequences depend on the notice, test result or refusal, prior record, and charge. This guide explains the questions to address promptly—not a promised outcome for any case.

Two cases and an early license deadline

After a qualifying chemical-test result or refusal, ALEA may issue a notice of intended suspension. Under Alabama Code § 32-5A-307, a written request for an administrative hearing must be received by ALEA or mailed and postmarked within 10 days of the notice. The date is tied to the notice, not a general rule of “10 days after arrest.” A hearing request does not itself stay the suspension.

An administrative review is a different procedure that may be requested within 90 days of the notice under § 32-5A-306. That longer review window does not extend the 10-day hearing deadline. The ordinary administrative suspension becomes effective 45 days after notice. Under § 32-5A-304, the suspension period is 90 days when there were no prior alcohol- or drug-related enforcement contacts in the preceding 10 years; one, two, or at least three such contacts can mean one, three, or five years. Read the ALEA notice immediately and get advice about both tracks.

What can a first DUI conviction mean?

For an ordinary first conviction under Alabama Code § 32-5A-191(e), the statutory fine is $600–$2,100, imprisonment may be up to one year, and the court may impose either or both; costs and other required amounts may also apply. The conviction ordinarily carries a 90-day license suspension. A qualifying driver may elect an approved ignition interlock for 90 days, present proof of installation to ALEA, and obtain an interlock-restricted license so that the conviction suspension is stayed. Installing a device alone is not permission to drive.

Different rules apply if a first-conviction case involves a test refusal, a blood-alcohol concentration of at least .15, a passenger under 14, or injury to another person. The statute calls for a one-year mandatory interlock period and completion of at least 45 days of applicable suspension or revocation before that restricted-license period begins. A separate administrative suspension can also affect timing. Commercial drivers and certain other categories face additional rules. ALEA’s interlock guidance explains the license process, but the statute and the person’s actual notices control the case.

What evidence can affect the criminal case?

Defense review starts with what officers had grounds to do and what the evidence actually shows. Depending on the case, counsel may examine the reason for the stop, the basis for arrest, body- or dash-camera footage, witness accounts, road and weather conditions, field-exercise instructions and performance, chemical-test records, instrument maintenance, operator qualifications, and the timing of required procedures. A test refusal raises different evidentiary and license questions than a reported chemical-test result.

Evidence can support or undermine a charge. It does not automatically require a dismissal, and no particular motion or defense works in every DUI case. Keep the citation, bond papers, ALEA notice, court date, and any relevant messages or recordings. Do not miss a deadline while waiting for a police report.

Does refusing a chemical test avoid a DUI case?

No. Refusal does not itself end the criminal charge, and Alabama’s implied-consent law can create separate license consequences. A 90-day administrative suspension is not universal: § 32-5A-304 increases the period when the record contains qualifying prior enforcement contacts. Refusal can also affect an interlock requirement following a conviction. The facts of the arrest and the notice should be reviewed before anyone assumes what a refusal means in a particular case.

What should you know before entering a plea?

Review the evidence, potential sentence, license record, employment or professional-license effects, and any separate charges before deciding. Alabama’s expungement statute, § 15-27-1, excludes convictions for serious traffic offenses from conviction expungement. DUI and reckless driving both fall within the serious-traffic-offense article. A dismissed DUI charge may qualify for charge-record expungement if the disposition and statutory conditions allow it; neither a dismissal nor a reduction automatically clears a record. An attorney can explain the difference between a charge, a conviction, and an eligible petition.

When can an Alabama DUI be a felony?

A fourth DUI can be a Class C felony when the statute counts three qualifying prior DUI convictions within 10 years of the current offense. Under § 32-5A-191(p), a previous felony DUI conviction makes a later DUI a felony regardless of the age of that earlier felony conviction. A case involving injury may also involve separate charges. The charging document and certified prior record matter more than a quick count from memory.

What if the conviction was in municipal or district court?

Alabama Rule of Criminal Procedure 30.1(a) generally allows 14 days from a municipal or district court judgment—or denial of a timely postjudgment motion—to appeal to circuit court for a new trial. A jury trial is not automatic on appeal: Rule 18.1(b)(2) requires a written jury demand with the notice of appeal or within seven days afterward. These are separate deadlines. Get advice promptly if a judgment has already been entered.

Questions people ask after a DUI arrest

Can I drive as soon as an interlock is installed?

No. Whether driving is permitted depends on the applicable suspension, ALEA’s action, and issuance of an interlock-restricted license. An installation receipt by itself is not a valid license.

Is every refusal suspension 90 days?

No. Ninety days applies when the statutory lookback shows no qualifying prior alcohol- or drug-related enforcement contact. One or more contacts within 10 years can make the period longer.

Can a DUI conviction be expunged?

Alabama’s conviction-expungement provision excludes serious traffic offenses, including DUI. Dismissed charges are a different question and may be eligible only when the statute’s conditions are met.

Can I get a jury trial after a municipal DUI conviction?

There is a right to appeal for a new circuit-court trial if the appeal is timely. The written jury demand has its own deadline: with the appeal or within seven days after filing it.

Get a direct review in Selma or West Alabama

Elliott Owen Lipinsky is a Selma-based former prosecutor who represents people facing DUI and other criminal charges in Dallas County, Montgomery, and West Alabama. Start with the Alabama DUI defense page or the Dallas County criminal-defense guide. If an ALEA notice, court date, or appeal deadline is close, call (334) 230-7986 rather than relying only on an online form. You may also request a free initial case review.

Legal reference reviewed October 2026. This is general information, not legal advice for a particular case. Contacting the office does not create an attorney-client relationship; representation begins only after the firm accepts the matter in writing. No outcome is promised.