Is a DUI a Felony? 7 FAQs on Alabama DUI Laws

Is a DUI a Felony in Alabama?

In Alabama, a DUI is usually a misdemeanor. A first, second, or third DUI conviction is a misdemeanor. A fourth or subsequent conviction is a Class C felony, and so is any DUI by a person who already has a felony DUI conviction. Courts count prior convictions from the last 10 years.

Whether a DUI is a felony depends on the state. Other states draw the line in other places, so a rule you read elsewhere may not be Alabama's. Alabama's rule turns on how many prior DUI convictions a person has and on whether any of them was a felony. This article explains that rule in detail. It covers sentencing, criminal-record consequences, and answers to common questions about DUI laws in the state.

Is a DUI a Felony or a Misdemeanor in Alabama? the General Rule

Is a DUI a felony? In Alabama, the answer depends on how many prior DUI convictions a person has. The general rule is straightforward:

• A first DUI conviction is a misdemeanor.
• A second DUI conviction is a misdemeanor.
• A third DUI conviction is a misdemeanor.
• A fourth or subsequent DUI conviction is a Class C felony under Alabama law.
• Any DUI is a Class C felony if the person already has a felony DUI conviction.

Most DUI charges in Alabama are misdemeanors. The felony line is crossed by a fourth qualifying conviction, or by any earlier felony DUI conviction.

Alabama uses the term "DUI" – driving under the influence. Other states call it OWI, DWI, or similar names. The offense and its penalties work differently in each state.

Other states treat certain aggravating facts as felony triggers. Alabama's DUI statute does not use them to change the offense class. A blood alcohol level of 0.15 percent or more doubles the minimum punishment. So does a child under 14 riding in the vehicle, when the driver is over 21. Neither fact makes a first offense a felony. Serious injury and death are handled as separate crimes, which the next section explains.

A person facing a DUI charge should look at how many prior convictions there are, when they happened, and whether any of them was a felony. The felony classification applies only to repeat offenders.

Does Causing Injury or Death Make a DUI a Felony?

A first DUI conviction in Alabama is a misdemeanor. That does not change when someone is hurt or killed. The DUI statute sets no felony class for a first conviction. What changes is the list of charges the state can bring alongside it.

Causing a death while driving in violation of the DUI statute is manslaughter in Alabama. Manslaughter is a Class B felony.

Causing serious physical injury to another person with a vehicle while driving under the influence is assault in the first degree. That is also a Class B felony.

Both are separate crimes with their own elements. Neither one turns the DUI itself into a felony. A person can face a misdemeanor DUI and a Class B felony out of the same crash.

Injury does change the license penalty on a first conviction. If someone other than the driver was injured, the DUI statute requires an ignition interlock device for one year on top of the 90-day suspension.

What Changes at Each DUI Conviction Level

Alabama's DUI statute sets a different penalty range at each conviction level. The judge fixes the fine within the range the statute sets. There is no standard figure.

On a first conviction the statute allows jail of up to one year, a fine, or both. From the second conviction on, the statute sets both a fine and jail time. Part of that jail time cannot be suspended or probated.

Felony DUI Jail Time and Sentencing in Alabama (Fourth or Subsequent DUI)

A fourth or subsequent DUI conviction is a Class C felony. So is any DUI conviction by a person who already has a felony DUI conviction. The sentencing consequences are severe. They go far beyond what a misdemeanor DUI carries. Understanding the misdemeanor vs felony DUI distinction matters. The penalties escalate sharply at that line.

Prison time. The sentence range for a Class C felony is not less than one year and one day and not more than 10 years. The DUI statute sets that same range for a felony DUI. Where the sentence does not exceed one year and one day, confinement is in the county jail. Where it does not exceed three years, confinement may be in the county jail. Within the sentence, 10 days are a minimum mandatory term that must be served in the county jail.

Fines. Alabama's DUI statute sets the fine for a fourth or subsequent conviction at not less than $4,100 and not more than $10,100. The judge fixes the exact amount within that range based on the facts of the case.

Substance abuse treatment. The rest of the sentence beyond the mandatory 10 days may be suspended or probated on one condition only. The defendant must enroll in and successfully complete a state-certified chemical dependency program. The court referral officer recommends the program and the sentencing court approves it. Without that condition, the remainder of the sentence stands.

Separately, every person convicted under the DUI statute must complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts. The Alabama State Law Enforcement Agency will not reissue a driver's license without proof that the program was completed.

License revocation and ignition interlock. The Alabama State Law Enforcement Agency must revoke the driving privilege for five years. The offender must also have an ignition interlock device installed for four years. After a minimum of one year of the revocation period, the offender may apply for an ignition interlock restricted license. The four-year interlock period begins once the restricted license is issued. Successful completion commutes the remaining revocation time.

A felony DUI is tried in circuit court, which has exclusive original jurisdiction over all felony prosecutions in Alabama. Misdemeanor DUIs are handled in district or municipal court. The state has to prove the prior convictions that make the charge a felony. Whether a prior conviction qualifies is a question the defense can contest.

How Many DUIs Make a Felony in Alabama?

Alabama requires a fourth DUI conviction to trigger the Class C felony classification. A person who already has a felony DUI conviction faces a felony on any later DUI.

A court counts a prior DUI conviction if it occurred within 10 years of the date of the current offense. Convictions from Alabama, from an Alabama municipality, and from other states and their municipalities all count. Convictions older than 10 years fall outside that count.

One exception swallows the lookback. If a person already has a felony DUI conviction, every later DUI conviction is treated as a felony. The age of that felony conviction does not matter. The 10-year window does not help there.

Two further points shape a felony sentence. A felony DUI conviction does not count under Alabama's habitual felony offender law. But prior misdemeanor and felony DUI convictions may still be weighed in the sentencing calculations under the Alabama Sentencing Guidelines.

Is a DUI a misdemeanor if someone has three or fewer prior convictions within the lookback window? Yes, as long as none of them was a felony DUI. A first, second, or third DUI in Alabama remains a misdemeanor under state law. The felony line is drawn at the fourth conviction.

For a detailed explanation of how Alabama counts prior convictions and what qualifies, see our page on how many DUIs is a felony in Alabama.

Is a DUI a Crime? What a DUI Conviction Means for Your Record

Is a DUI a crime? Yes. In Alabama, a DUI is a criminal offense – not a civil infraction or a simple traffic ticket. Both misdemeanor and felony DUI convictions create a criminal record that appears on background checks.

This distinction matters in practical ways. Employers routinely run criminal background checks. A DUI conviction – whether felony or misdemeanor – will show up. Professional licensing boards for nurses, teachers, lawyers, and other regulated professions may investigate or take action based on a DUI conviction.

A felony DUI conviction also reaches firearm rights, and two different governments are involved. Alabama law forbids firearm possession by a person convicted of any kind of felony within the previous five years, and breaking that ban is itself a Class C felony. Separately, federal law makes it unlawful for a person convicted of a crime punishable by more than one year in prison to possess a firearm. A Class C felony DUI carries up to 10 years, so it falls inside the federal bar.

Under Alabama law, an expungement order does not entitle a person to possess a firearm. A Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles is required.

Alabama's expungement statute treats a DUI charge and a DUI conviction very differently. A charge that was dismissed with prejudice, no-billed by a grand jury, nolle prossed without conditions, or that ended in a not-guilty verdict can be the subject of an expungement petition. A conviction for the DUI itself cannot be expunged at all. The statute allows a misdemeanor conviction to be expunged only if it is not a serious traffic offense under Article 9 of Chapter 5A of Title 32, and Alabama's DUI section sits in that article. Even an eligible petition is not a right. A court may deny one at its own discretion.

Alabama DUI Legal Experience

Attorney Whitney Polson co-authored the 2016 and 2021 editions of Alabama DUI Defense. This reference is used by attorneys and judges on the nuances of Alabama DUI law. Polson & Polson, P.C. focuses on DUI defense throughout Alabama. The firm handles misdemeanor and felony DUI cases in courts across the state. Watch this helpful YouTube video for more on how Alabama DUI cases are defended.

Speak With an Alabama DUI Defense Attorney

Facing a felony DUI charge in Alabama is serious. A fourth-offense DUI carries a sentence of one year and one day to 10 years, a fine set by statute, and a five-year license revocation. The earlier you speak with an attorney, the better your position.

Polson & Polson, P.C. offers a free consultation to review your DUI case and discuss your defense options. If you were recently arrested, ask about the administrative hearing on your license suspension. The written request must reach the Alabama State Law Enforcement Agency's Driver License Division, or be postmarked, within 10 days of the notice of intended suspension served on you at arrest. Missing that deadline waives both the hearing and judicial review. The officer who took your license should have issued a temporary driving permit good for 30 days.

Call our Birmingham DUI attorney office at (205) 871-8838 during business hours. On weekends or after hours, use our 24-hour number at (205) 401-3171.

A conviction stays on your record. For how long, and what can be cleared, see when a DUI drops off your record in Alabama.

Frequently Asked Questions About Felony DUI in Alabama

Is a First DUI a Felony in Alabama?

No, a first DUI conviction in Alabama is a misdemeanor. The statute allows up to one year in the county or municipal jail, a fine of not less than $600 and not more than $2,100, or both. A first conviction also brings a 90-day license suspension. That suspension is stayed if the driver elects an approved ignition interlock device for 90 days. A first offense is not a felony even when someone was injured, though injury does trigger a one-year interlock requirement and can bring separate charges. A first DUI is still a criminal conviction that appears on background checks.

When Did a DUI Become a Felony in Alabama?

Under the DUI statute in force today, a fourth or subsequent DUI conviction is a Class C felony. So is any DUI conviction by a person who already has a felony DUI conviction. A court counts prior convictions that occurred within 10 years of the current offense. The trigger based on a previous felony DUI applies no matter how old that conviction is. Alabama's DUI statute has been amended many times, so ask an Alabama DUI attorney which version applies to your case.

Can a Felony DUI Be Reduced to a Misdemeanor in Alabama?

Alabama law does not provide a process to reduce a felony DUI conviction to a misdemeanor. The DUI statute also states that neither reckless driving nor any other traffic infraction is a lesser included offense of a DUI charge. The statute leaves no built-in lesser charge as a fallback. What the defense can contest is whether the prior convictions qualify. If a prior does not count under the 10-year rule, the fourth-conviction felony trigger may not apply. Every case depends on its specific facts.

Does a DUI Count as a Felony on a Background Check?

It depends on the conviction. A first, second, or third DUI in Alabama is a misdemeanor and appears as a misdemeanor on criminal background checks. A fourth or subsequent DUI is a Class C felony and appears as a felony conviction. So does any DUI that follows a felony DUI conviction. Both types are visible to employers, licensing boards, and other entities that run criminal background checks. Alabama's expungement statute does not allow a DUI conviction to be expunged, because it excludes serious traffic offenses.