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Alabama · When it becomes a felony

Is a DUI a felony in Alabama?

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On a fourth — or on any prior felony DUI, whenever it was. A fourth conviction is a Class C felony, and so is any conviction where the driver already has a felony DUI on the record regardless of when. The sentence must include at least a year and a day, of which ten days are mandatory in the county jail; the rest may be suspended only if the defendant enrols in and completes a state-certified chemical dependency program. The license is revoked for five years and the device runs for four.

Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in AL — and the paperwork will use none of them. Alabama charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Class C felony

Confinement. 1 year and 1 day to 10 years, with 10 days mandatory

Fine. $4,100 to $10,100

Code of Alabama § 32-5A-191 · Ala. Code § 32-5A-191(h) · checked 2026-09-04

The other half of the sentence

The device is a separate track

Alabama makes the interlock a way to stay on the road rather than an extra punishment: on a first conviction below 0.15%, ALEA states the entire 90-day suspension is stayed if you voluntarily elect and install the device. At 0.15% or above it becomes mandatory for a year, with the suspension stayed on proof of installation.

In Alabama the interlock term runs 90 days and is administered by Alabama Law Enforcement Agency, on the convicting court order — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Alabama Law Enforcement Agency, on the convicting court order

Speak to a Alabama DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Alabama.

Asked constantly

Alabama DUI questions

Is a DUI a felony in Alabama?

On a fourth — or on any prior felony DUI, whenever it was. A fourth conviction is a Class C felony, and so is any conviction where the driver already has a felony DUI on the record regardless of when. The sentence must include at least a year and a day, of which ten days are mandatory in the county jail; the rest may be suspended only if the defendant enrols in and completes a state-certified chemical dependency program. The license is revoked for five years and the device runs for four.

What does a 3rd DUI in Alabama carry?

Class C felony: 1 year and 1 day to 10 years, with 10 days mandatory, and a fine of $4,100 to $10,100. The range is set by Ala. Code § 32-5A-191(h), and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Alabama?

Alabama makes the interlock a way to stay on the road rather than an extra punishment: on a first conviction below 0.15%, ALEA states the entire 90-day suspension is stayed if you voluntarily elect and install the device. At 0.15% or above it becomes mandatory for a year, with the suspension stayed on proof of installation. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Alabama Law Enforcement Agency, on the convicting court order.

Other steps in Alabama: first offense penalties and second offense penalties.

All Alabama DUI rules →Penalties across the states →Alabama DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.