STATE OF ALABAMA DUI LAW

Some statistics According to www.DMV.org the latest statistics show that 20% of all traffic fatalities are related to driving under the influence of drugs or alcohol. According to www.alcoholalert.com Alabama ranked 14th in the nation in the number of alcohol related deaths. Texas had the highest rate of alcohol related accidents. www.yaerd.com reports that in 2002 Alabama reported 1,033 traffic deaths. 413 or 40% were alcohol related deaths.

Important Terms DUI- driving under the influence of a substance that alters the brain. Can be alcohol or drugs. Both prescription and non-prescription Blood Alcohol Content (BAC)- the percentage of alcohol found in one’s blood. It is a legal measurement and can be tested through breath, blood, and urine

Important Terms Implied Consent- When one signs his/her drivers license you give the state legal right to test you for DUI. This is in effect during “actual physical control” Actual Physical Control- When one has to ability to operate a vehicle. Legally impaired- Although not legally drunk a person’s abilities are effected enough to make them an unsafe driver

Important Terms Suspension- When license are suspended they may be returned without re-applying as long as they have not expired during the suspension. Revocation- When license are revoked one may get them back but must go through the re-application process. This includes all driver license testing. Cancellation- When license are cancelled one cannot re-apply for a drivers license.

ALABAMA DUI LAWS First Conviction: Imprisonment - Up to 1 year in municipal or county jail (no minimum mandatory sentence) Fine - $600 - $2,100, Mandatory - 90-day license suspension, DUI school attendance

ALABAMA DUI LAWS Second Conviction: Imprisonment - 48 consecutive hours, up to 1 year, or not less than 20 days community service Fine - $1,100 - $5,100 Mandatory - Not less than 48 hours consecutive imprisonment, or community service of not less than 20 days DL Revocation - 1 year

ALABAMA DUI LAWS Third Conviction Within 5 Years: Imprisonment - 60 days in municipal or county jail, up to 1 year in prison Mandatory - 60-day imprisonment which cannot be probated or suspended Fine - $2,100 - $10,100 DL Revocation - 3 years

ALABAMA DUI LAWS Fourth or Subsequent Conviction Within 5 Years - Class C Felony (§32-5A-191): Imprisonment - 1-10 years Fine - $4,100 - $10,100 DL Revocation - 5 years

When Am I Legally Drunk? Alabama laws says that drivers 21 years of age or older are legally drunk if their BAC is .08% or greater. Drivers that are under the age of 21 are considered legally drunk if their BAC is .02% or greater CDL Drivers are considered legally Drunk if their BAC is .04% or greater CDL Drivers of school buses and daycare buses are considered legally drunk if their BAC is .02%

When Am I Legally Drunk? Alabama laws says that drivers 21 years of age or older are legally impaired if their BAC is .05% or greater. (In this case drivers generally are swerving or driving erratically)

The Bottom Line Under Alabama State Law, it is unlawful for anyone to operate or be in actual physical control of a vehicle if they are under the influence of any intoxicating agent

BAC CHART

Factors that affect intoxication How big you are, body weight etc. How much you drink How quickly you drink it Food in the stomach Experience Tolerance Mood

Boating and DUI Some boaters operate under the myth that it is ok to operate a vessel and partake in the consumption of alcohol. We must remember that state DUI laws apply to us on water just as they do when operating on the road.

Summary As stated under Alabama State Law, it is unlawful for anyone to operate or be in actual physical control of a vehicle if they are under the influence of any intoxicating agent. Although in recent history in the state of Alabama alcohol related accidents have declined. However, the risks that are involved are deadly, so we must recognize the dangers of mixing alcohol and operating a vehicle. We must also realize that a DUI conviction can negatively affect our lives forever. We can even be charged with murder if a death occurs in a DUI accident.

Quiz 1.) What are the penalties for the first conviction under Alabama DUI laws? 2.) Can I be convicted for DUI on State and Federal Waterways? 3.) What are some factors that contribute to intoxication? 4.) Define Blood Alcohol Content (BAC)

Quiz 5.) According to the BAC chart if I weigh 170lbs. or less and have 4 drinks in a hour; could I be charged with a DUI? 6.) If a driver is less than 21 years of age what is the legal alcohol limit for operating a vehicle? 7.) If my license are cancelled can I apply to get them back?

Quiz 8.) Do you have to submit to BAC testing? 9.) Define implied consent. 10.) Can you be charged with DUI if you are intoxicated and setting in the back seat of a car with the keys in your pocket?