Driving Under the Influence of Marijuana in Alabama

Driving under the influence of marijuana is a crime in Alabama.   This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers who are apprehended with marijuana on their possession or in the car. For more information marijuana violations such as sale and possession, see Alabama Marijuana Laws.

Driving Under the Influence of Marijuana

It is illegal in Alabama to drive a vehicle while under the influence of any substance that impairs the driver’s mental or physical faculties. (Ala. Code § 32-5A-191.)

Penalties for Driving Under the Influence

Violators must complete a substance abuse referral program. Other penalties vary according to whether it’s a first or subsequent conviction, as follows:

First conviction: driver’s license suspension for 90 days, a fine of between $600 and $2,100, and/or up to one year in municipal or county jail.

Second conviction: driver’s license suspension for one year, a fine of between $1,100 and $5,100, and/or imprisonment for up to one year (including at least 5 days in jail or 30 days of community service).

Third conviction: driver’s license suspension for three years, a fine of between $2,100 and $10,100, and/or imprisonment for up to one year (60 days of which cannot be probated or suspended).

Fourth or subsequent conviction: driver’s license suspension for five years, a fine of between $4,100 and $10,100, and/or imprisonment for one to 10 years (one year of which cannot be probated or suspended). (Ala. Code § 32-5A-191.)

Additional penalties apply if a child (under the age of 14) was in the vehicle at the time of the offense. (Ala. Code § 32-5A-191.)

Presumed Consent to Drug Test

Anyone involved in a vehicular accident that results in death or a serious physical injury is deemed to have given consent to a blood test to determine the presence of a controlled substance. Refusal to submit to the test will result in a driver’s license suspension for two years. (Ala. Code § 32-5-200.)

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local attorney knows how any particular court handles such cases.

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