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Getting charged with a DUI in Alabama brings serious legal consequences, but the classification of that offense — as either a misdemeanor or a felony — depends on several key factors. Many drivers wonder whether a DUI automatically counts as a felony, and the answer is no in most first-time cases. However, Alabama law is structured to escalate penalties for repeat offenses, or for situations involving serious harm or aggravating circumstances.
In this state, the vast majority of first, second, and even third DUI offenses are misdemeanors. But if a person is convicted a fourth time within ten years, or causes serious injury or death while impaired, the charge is elevated to a felony. This shift dramatically increases the penalties — including longer jail time, heavier fines, longer license revocation, and a permanent felony criminal record.
Understanding whether a DUI is a misdemeanor or felony is critical because it influences which court handles your case, what rights you may lose, and how the offense will follow you throughout your life. This post will explain the legal classifications used in Alabama, how prior offenses or the circumstances of your arrest can change the outcome, and what to expect from both criminal and administrative penalties.
We’ll also explain the long-term impact on your record, license, and employment — with guidance based on our coverage of State By State DUI Laws and our detailed mini-guide on How State DUI Laws Affect Arrests and Penalties.
How Alabama Classifies DUI Charges by Offense
Alabama uses a tiered penalty structure for DUI charges that increase in severity with each repeat offense. The classification of a DUI as either a misdemeanor or felony depends on how many convictions a person has within the previous 10 years, along with any aggravating factors present during the arrest.
Here’s how Alabama breaks it down:
- 1st DUI Offense (within 10 years)
- Classified as a misdemeanor
- Penalties include fines, possible jail time (up to 1 year), license suspension (90 days), and mandatory DUI education programs
- No felony record unless additional crimes are charged
- 2nd DUI Offense (within 10 years)
- Still a misdemeanor, but with increased penalties
- Mandatory jail time (minimum 5 days), higher fines, and a 1-year license suspension
- Ignition interlock required
- 3rd DUI Offense (within 10 years)
- Remains a misdemeanor, but with mandatory 60 days in jail, and up to 1 year
- Hefty fines and a 3-year license revocation
- Often leads to severe employment and insurance consequences
- 4th DUI Offense (within 10 years)
- Automatically a Class C felony under Alabama Code § 32-5A-191(h)
- Results in 1 to 10 years in prison, minimum $4,100 fine, 5-year license revocation, and ignition interlock
- Handled in circuit court
As you can see, DUI remains a misdemeanor until the fourth offense, unless special aggravating factors are involved. It’s important to understand that the look-back period of 10 years resets if that time has passed without new offenses.
What Elevates a DUI to a Felony (Beyond Repeat Offenses)
A fourth offense within 10 years is the most common reason a DUI becomes a felony in Alabama, but there are other ways a DUI charge can be elevated to a felony, even if it’s a first or second arrest.
Aggravating circumstances that can elevate a DUI include:
- DUI Causing Serious Injury or Death
- If the DUI results in an accident where someone is seriously injured or killed, charges may escalate to vehicular assault or manslaughter
- These are typically Class B or Class C felonies
- Convictions may result in years of prison time, especially if BAC is high
- DUI with a Minor Passenger
- Driving under the influence with a child under 14 in the vehicle may not automatically be a felony, but courts routinely enhance penalties and may add child endangerment charges
- Driving on a Suspended or Revoked License (due to DUI)
- If you are caught driving under the influence while your license was already revoked from a previous DUI, this may lead to felony-level penalties
- Fleeing or Resisting During a DUI Arrest
- Acts like evading police or assaulting an officer during a DUI stop can stack additional felony charges onto an otherwise misdemeanor DUI case
These situations demonstrate that the classification of a DUI isn’t just about how many prior convictions you have — it also depends on what happens during the arrest. Even if your BAC is just over the legal limit, causing a serious crash can land you in felony territory.
Misdemeanor DUI Penalties in Alabama
Although misdemeanors are less severe than felonies, they still come with serious consequences that can affect your life for years.
Here’s a breakdown of what to expect with misdemeanor DUI penalties:
- First Offense (Misdemeanor)
- Fine: $600 to $2,100
- Jail: Up to 1 year (often suspended)
- License Suspension: 90 days
- DUI Education Program required
- Possible ignition interlock if BAC ≥ 0.15%
- Second Offense (Misdemeanor)
- Fine: $1,100 to $5,100
- Jail: Minimum 5 days or 30 days community service, up to 1 year
- License Suspension: 1 year
- Mandatory ignition interlock for 2 years
- DUI school and treatment required
- Third Offense (Misdemeanor)
- Fine: $2,100 to $10,100
- Jail: Minimum 60 days, up to 1 year
- License Revocation: 3 years
- Ignition interlock: Up to 3 years
- Substance abuse evaluation and monitoring
In all misdemeanor cases, a permanent criminal record is created. Alabama does not allow DUI expungement for adults, which means these convictions can affect job applications, insurance rates, and professional licenses permanently.
Felony DUI Penalties and Long-Term Consequences
When a DUI is charged as a felony in Alabama, the penalties and long-term impact increase significantly. Felony cases are handled in circuit court, and sentencing guidelines are much stricter.
Fourth DUI (Class C Felony)
- Prison: 1 year and 1 day up to 10 years
- Fine: $4,100 to $10,100
- License Revocation: 5 years
- Mandatory ignition interlock for 5 years
- Court-ordered substance abuse treatment
- Extended probation and monitoring
Beyond sentencing, felony DUIs also carry civil consequences, including:
- Loss of voting rights (may be restored later)
- Ineligibility for firearms ownership
- Difficulty obtaining employment or housing
- Permanent criminal record, visible in all background checks
- Immigration consequences for non-citizens
These life-altering outcomes are why felony DUI convictions are considered a legal and social turning point. Reaching this level of offense signals a high risk of repeat behavior and public safety concerns, prompting the state to treat the offender far more harshly.
Administrative Penalties: How ALEA Treats DUIs Regardless of Classification
In Alabama, the criminal classification of your DUI (misdemeanor or felony) does not change the fact that the Alabama Law Enforcement Agency (ALEA) will also apply separate administrative penalties — particularly related to your driver’s license.
These administrative actions include:
- Automatic License Suspension
- For failing a chemical test: 90 days (1st offense), 1 year (2nd), 3 years (3rd)
- For refusing a test: 180 days (1st), 2 years (2nd), 3+ years for later offenses
- Ignition Interlock Requirements
- Mandated for high-BAC, refusal cases, and all repeat offenders
- Monitored by ALEA even outside court supervision
- SR-22 Insurance Filing
- You must obtain high-risk insurance to reinstate driving privileges
- This can increase your premiums significantly for 3–5 years
Administrative penalties apply regardless of whether your offense is a misdemeanor or felony, and they take effect very quickly — often before your court case concludes.
How DUI Classifications Affect Employment, Insurance, and Background Checks
Whether you’re convicted of a misdemeanor or felony, the consequences of a DUI extend beyond the courtroom.
Employment
- A misdemeanor DUI can still disqualify you from roles that require clean driving records
- A felony DUI can bar you from government, legal, healthcare, and financial sectors permanently
- Some professional licenses (CDL, healthcare, teaching) may be revoked or suspended
Insurance
- DUI convictions — regardless of classification — result in substantial premium increases
- Many insurers drop clients after a DUI; others offer high-risk policies only (SR-22)
- Felony DUIs make you ineligible for many insurers altogether
Background Checks
- Employers, landlords, and licensing boards routinely screen for both misdemeanor and felony DUI records
- There is no expungement path in Alabama for adult DUI convictions
- Background reports from private services and national databases retain DUI records indefinitely
Even a single misdemeanor DUI can create lifelong barriers to mobility, employment, and financial stability. A felony makes those barriers much higher.
FAQ
Is a first DUI in Alabama a felony?
No, a first DUI is a misdemeanor unless serious injury, death, or other felonies are involved.
How many DUIs before it becomes a felony in Alabama?
A fourth DUI offense within 10 years is automatically a Class C felony.
Can I go to prison for a felony DUI?
Yes. A felony DUI conviction carries 1 to 10 years in prison, with minimum mandatory sentencing.
Can a misdemeanor DUI be upgraded to a felony later?
Yes. If new facts come to light (like prior out-of-state convictions or resulting injuries), charges can be elevated before trial.
Does a felony DUI affect my ability to drive?
Yes. Expect a 5-year license revocation, interlock device, and SR-22 filing before any reinstatement is possible.
Conclusion
In Alabama, a DUI can be a misdemeanor or a felony, depending on how many prior offenses you’ve had and the circumstances of your arrest. While most first, second, and even third offenses remain misdemeanors, the law is clear: once you reach a fourth DUI in 10 years, or cause serious harm, you’re facing felony charges with steep penalties and permanent consequences.
Understanding the classification of your DUI offense is essential. It determines whether your case is handled in district or circuit court, what rights you may lose, and how your criminal record will affect the rest of your life. And regardless of classification, the administrative penalties imposed by the state are fast-moving and unforgiving.
For a deeper look at how Alabama compares with other states and how local laws affect your legal outcomes, explore our main guide on State By State DUI Laws and dive into our explainer on How State DUI Laws Affect Arrests and Penalties to see how DUI charges work in real-world cases.