Drunk Driving Laws
If a driver is pulled over with a BAC of .08 or higher, he/she is considered to be driving under the influence (DUI) in the state of Alabama. There is a zero tolerance policy for anyone under the age of 21.
1) First Offense – 90 day license suspension
2) Second Offense – One year license suspension
3) Third Offense – Three year license suspension
4) Fourth Offense – DUI is a misdemeanor in Alabama. However, a fourth offense will elevate it to a felony.
*NOTE Mandatory Alcohol assessment, treatment and classes can be imposed as a penalty as well.
Open Container Law
It is illegal for any open container to be in a vehicle. All containers that at any point contained alcohol need to be in the trunk.
All liquor, beer with an Alcohol by volume (ABV) > 13.9% and wine with a ABV > 14.9% are sold in state run stores. Beer and wine with lower ABV can be sold in non-state run stores.
Alcohol may be served 24 hours a day unless restricted by local ordinances. Twenty-six of Alabama’s 67 counties do not allow the sale of alcohol. However, possession and consumption remain legal within those 26 counties. Of the 26 “dry” counties, 23 have at least one “wet” city; these are considered “moist” dry counties. Within those 23 counties there are 43 wet cities. State law allows any city with a population greater than 1,000 located within a dry county to “go wet” if a referendum is passed by 50% of voters.
Drinking Age/Selling Age
The drinking age is 21. An individual must be 19 to serve alcohol and 16 to sell unopened packaged alcohol at a store.