When does a DUI become a felony in Alabama?

On Behalf of | Jan 15, 2025 | DUI

In Alabama, a person can receive a DUI (driving under the influence) charge when they drive with a blood alcohol concentration (BAC) of 0.08% or higher. While most of these charges are misdemeanors, certain circumstances can elevate the charge to a felony.

Under what circumstances can a DUI charge become a felony?

When assessing DUI cases, courts consider the following situations:

  • It is the fourth or subsequent DUI offense: Alabama courts take repeat offenses seriously. The state has a “lookback period” of 10 years, which means that any DUI convictions within this period count towards deciding whether the current offense is a felony.
  • The DUI caused serious physical injury: This means that another person received life-threatening injuries, permanent disfigurement or long-term loss of bodily function because of the drunk driver’s actions.
  • The DUI involved a child passenger under the age of 14: If a person drove under the influence while a child under 14 was in the car, they may face felony charges. This applies even if it’s the driver’s first DUI offense.
  • DUI with a suspended or revoked license: Operating a vehicle under the influence with a suspended or revoked license due to a past DUI can result in felony charges.

Certain factors in a case can also worsen DUI charges, such as having extremely high BAC levels or refusing to submit to chemical testing. However, take note that every case is different. If you are unsure about how these circumstances apply to your specific situation, it’s important to seek professional legal counsel.

A felony DUI charge can have far-reaching consequences

Facing a felony DUI charge can be overwhelming, especially when you consider its potential impact on your life, career and relationships. However, it’s important to remember that a charge is not a conviction. Understanding your rights and options is crucial during this time, and an attorney can provide the clarity and support you need.