This page will help you understand Alabama alcohol laws and avoid expensive fines or even jail. Not to mention time and legal costs.
Alabama alcohol laws express the beliefs of its residents. The state was a strong temperance supporter. So it’s not surprising that its laws reflect continuing suspicion about alcohol.
OVERVIEW
I. Minimum Age Alcohol Laws
II. Other Alabama Alcohol Laws
III. Resources
IV. Advice
I. Minimum Age Alcohol Laws
Many young people would like to get part-time jobs. Some of the best are in the hospitality. These jobs usually involve alcohol.
Youths need to know the minimum ages for these jobs. How old must they be to sell alcohol for off-site drinking? To serve alcohol in a restaurant? For tending bar?
Alabama alcohol laws require adults to be at least 19 to be alcohol servers. They must be at least 21 to be bartenders. In both cases, there must be superviser. But the law doesn’t state an age for the supervisor.
There is no required age to sell wine or beer in a store for use off-site. But persons must be at least 21 to sell distilled spirits (liquor) in such a venue. Again, a manager or supervisor of unspecified age must be present.
This distinction appears to be based on a myth. It’s that spirits have more alcohol than others. But standard drinks of beer, wine and spirits all have the same amount of pure alcohol. Each has six-tenths of an ounce. When it comes to alcohol content, they’re the same.
It is also illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) over 0.02%.
It is against Alabama’s alcohol laws for anyone under the age of 21 to drink alcohol. That includes adults aged 18, 19, and 20. And it also includes active members of the U.S. military.
II. Other Alabama Alcohol Laws
A. Selling Alcohol
Alabama has a government monopoly on the sale of wine with an alcohol content of 14% or higher. It also has a monopoly on the sale of all distilled spirits. That’s whiskey, rum, vodka, bourbon, gin, etc. The state prohibits any competition in the sale of these products
Grocery and convenience stores may sell wine with under 14% alcohol. They may also sell beer under 6% alcohol.
It violates the law to serve alcoholic beverages after 2 a.m.
It’s a violation of Alabama alcohol laws to sell alcohol to anyone under the age of 21. The state can convict retailers if they don’t recognize a false ID and sell alcohol as a result.
Dry Counties and Towns
Alabama has a number of dry counties and other areas. Here’s a wet/dry map of Alabama.
B. Buying Alcohol
It’s illegal for people under 21 to buy alcohol. Or to try buying it. It’s a crime to use a false ID to buy alcohol. Or to try to buy it. The state can suspend the offender’s driver’s license. On the other hand, youth may buy alcohol to help police entrap clerks.
People under 21 may not drink any alcohol. That means any amount. Any time. For any reason. Period. There are no exceptions.
Thus, those under 21 may not take communion wine. Or wine with Seder. Parents may not serve their own children in their own homes. The U.S. Constitutional right of religious freedom? It doesn’t seem to exist for those under 21 in the state.
C. Driving and Alcohol
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It’s a violation of Alabama alcohol laws to drive under the (DUI) influence of alcohol or drugs. DUI occurs if a driver has a BAC of
0.08%
0.04% if a commercial driver
0.02% if under age 21.
Yet police have wide discretion. So they may arrest drivers for DUI who have BACs below these limits.
The exact penalties for DUI vary because of many factors. They include age, BAC level, type of driver’s license, and defendants demeanor. Of course, much depends on the judge. But this is the general pattern.
Driver’s license suspensions are automatic upon arrest. They occur even if the driver is innocent. All drivers whose licenses are under suspension must complete a substance abuse or DUI court referral program. And at their own expense.
First DUI Offense
- Driver’s license suspension for 90 days.
- Jail for up to one year.
- Fine of at least $500. But may be as high as $2,000.
- Charge of $100 for the Impaired Drivers Trust Fund (IDTF).
Second DUI Offense
- Driver’s license suspension for one year.
- Jail for for at least two days. But could be as high as one year. Must serve minimum or community service for at least 20 days.
- Fine of at least $1,000. But could be as high as $5,000.
- Charge of $100 for the IDTF.
Third DUI Offense within Five Years
- Driver’s license suspension for three years.
- Jail for 60 days to one year.
- Fine of at least $2,000. But may be as high as $10,000.
- Charge of $100 for the IDTF.
Fourth or Later DUI Offenses
- Driver’s license suspension for five years.
- Prison for at least one year. But it could be as long as ten years.
- Fine of at least $4,000. But may be as high as $10,000.
- Charge of $100 for the IDTF.
Ignition Interlock Devices
An Ignition interlock device (IID) prevents a vehicle from starting if alcohol is on the breath of the driver. When a judge orders an IID, the offender must pay all installation, maintenance, and monitoring costs. Judges may order an IID if any one of the following applies to the offender.
- Has a first DUI with a BAC of 0.15% or higher.
- Had a DUI with a passenger under age 14.
- Has many DUIs.
- Caused crash because of DUI.
Driver Rights
All drivers have a U.S. Constitutional right to refuse chemical testing. But the state punishes drivers who use their right. The punishments may include the following.
First Use of Right
- Suspension of driver’s license for 90 days even if not arrested.
- Possible denial of any restricted license.
- Judge may also order an IID.
Second Use of Right
- Suspension of driver’s license for one year even if not arrested.
- Possible denial of any restricted license.
- Judge may also order an IID.
Field Sobriety Tests
Alabama alcohol laws punish drivers who use their Constitutional right to decline submitting to chemical testing. Yet there is no legal punishment for not taking a field sobriety test.
Field sobriety tests are not reliable. For instance, 30% of completely sober people fail to pass them. That is, about one of every three people with zero alcohol (BAC of 0.00%) fail them! And that’s under ideal indoor conditions.
So lawyers strongly urge drivers to never, ever take a field sobriety test. They say to politely decline. And to do so as often as needed.
Police have many ways of convincing drivers to take them. For example many say that the law requires it. But no law in the U.S. does. Or they say you can prove you’re innocent. But that’s backwards. It’s the state that must prove you’re guilty.
When police pull drivers over for suspected DUI, they are conducting criminal investigations. It’s legal for them to lie. If you are a suspect in a crime, the officer is never your friend or ally. So don’t be fooled.
Learn much more at Never Take a Field Sobriety Test Say DUI Lawyers.
D. Boating and Alcohol
Alabama alcohol laws prohibit boating under the influence (BUI). Operating any vessel while intoxicated from alcohol. But it could be from any combination alcohol and/or drugs. They can even be prescription drugs.
This prohibition also includes operating boats, sailboards, personal watercraft, water skis, wakeboard, or similar devices.
Intoxication exists if any of the following applies to the operator.
- Has a BAC of 0.08% or higher.
- Is under the influence of any combination of alcohol, controlled substances, or drugs. (Very subjective.)
- Suffers impairment of mental or physical faculties from any substance. (Also very subjective.)
Penalties for BUI depend on BAC level, prior offenses, offender demeanor, and other factors. Of course, a major factor is the judge. But the following is a general guideline.
First Offense
- A fine of at least $600. But may be as high as $2,100. And/or jail of up to one year.
- Operator’s certification suspension for 90 days.
Second Offense within five years
A fine of at least $1,100. But it could be as high as $5,100. And/or jail for up to one year.- At least five days in jail or at least 30 days of community service.
- Operator’s certification suspension for one year.
Third Offense in Lifetime
- A fine of at least $2,100-$10,100 and/or jail for 30 days to one year.
- At least five days in jail or at least 30 days of community service.
- Operator’s certification suspension for three years.
Judge must impose at least double the usual penalties for any BUI if the BAC was 0.15% or higher. Also if anyone under age 14 was in the vehicle.
More Serious BUI Offenses
A BUI offender who causes serious physical injury is guilty of assault in the first degree. The penalty is generally prison for two to 20 years. Also the fine can be up to $30,000.
A BUI offender who causes death of can is guilty of criminally negligent homicide. The penalty is generally one year and one day to ten years in prison. The fine can also be up to $15,000. The penalties for causing death are less than for causing injuries!
Operator Rights
The state state punishes boat operators who use their Constitutional right to decline a chemical test. To do so, it punishes the same as vehicle drivers. That is, the restrictions apply to their vehicles.
First Use of Right
- Suspension of driver’s license for 90 days even if not arrested. (And innocent.)
- Also possible denial of any restricted license.
- Additionally, judge may order installation of an IID in vehicle.
Second Use of Right
- Suspension of driver’s license for one year even if not arrested. (And innocent.)
- In addition, possible denial of any restricted license.
- Judge may also order installation of an IID in vehicle.
So it’s clearly a good idea not to drink and operate a boat or other water device.
III. Resources on Alabama Alcohol Laws
IV. Advice
Alabama alcohol laws can change. So do court interpretations. They may conflict. Or be vague. So do not rely on this site. Nor on any other site.
Be aware. Neighbors may give advice. Friends may also do so. Even colleagues. And, of course, family members may chime in. Smile and thank them. Then ignore their advice. It’s worth what you paid. That is, not much. And even worse, it may be wrong.
Get information and advice about Alabama alcohol laws from an expert. That is a lawyer holding a license in the state.