LawSmart.com

When is a driver considered to be legally drunk?

While state impaired driving laws vary, you are considered to be legally drunk with a blood alcohol content (BAC) of .08% or higher. Alcohol affects everyone differently, but many people can be considered legally drunk after only consuming a couple of drinks. On average, a 185 lb man could be over the BAC legal limit after having 3 or 4 drinks, while a 125 lb woman would be considered legally drunk after only 2 or 3 drinks. For people who rarely drink, even one beer could cause impairment leading to a DUI. Of course, how quickly the alcohol is consumed, whether or not the person drank on an empty stomach, whether or not other medication is being taken, how regularly the person drinks, and other factors greatly affect how the body metabolizes alcohol and therefore the blood-to-alcohol content ratio for that person.

Other Drunk Driving Defense FAQs

Q: What constitutes driving under the influence (DUI) in Alabama?
A: You may be convicted of DUI in Alabama if you are driving or are in physical control of a vehicle when you have a blood alcohol level (BAC) of 0.08 or more, or if you … More
Q: Can I refuse to take a field sobriety test?
A: If the police pull you over on suspicion of drunk driving, the police will typically try to give you not only a field sobriety test, but also a breathalyzer test (to … More
Q: Do the standards and penalties for DUI differ for minors under Alabama law?
A: Yes. Under Alabama law, a minor, or any person under the age of 21, may be convicted of DUI if he or she is driving with a BAC of 0.02 or more. Furthermore, … More
Q: What are the penalties for a first DUI conviction in Alabama?
A: If you are convicted of DUI in Alabama for the first time, you face a jail sentence in county or municipal jail for up to one year, a fine ranging from $600 - $2,100, … More
Q: What happens when someone is arrested for drunk driving?
A: Being arrested for a DUI is an experience most of us try to avoid. In connection with arresting you on charges of impaired driving, you’ll probably be … More
Q: What are the penalties for a second DUI conviction in Alabama?
A: If you are convicted of DUI in Alabama a second time, you face a fine ranging from $1,100 - $5,100, incarceration in a county or municipal jail, which may include … More
Q: What are the penalties for a third DUI conviction in Alabama?
A: For a third conviction of DUI in Alabama, you face a fine ranging from $2,100 - $10,100, incarceration in a county or municipal jail, which may include hard labor, … More
Q: What are the penalties for a DUI conviction if you already have three or more DUI convictions in Alabama?
A: For a fourth or greater DUI conviction in Alabama, you will be convicted of a Class C felony under Alabama law, you will face a fine ranging from $4,100 - $10,100, … More
Q: Will I have to attend counseling or rehabilitation if I am convicted of DUI in Alabama?
A: If you are convicted of DUI Alabama, you must participate in a DUI or substance abuse court referral program. This program is mandatory for all convictions, and … More
Q: How quickly will I lose my driver’s license if I am arrested for DUI in Alabama?
A: The arresting officer will provide you with a Notice of Suspension form. You must request an administrative hearing regarding your license suspension within ten … More