Alabama has strict laws regarding the consumption of alcohol. In most states, including Alabama, it is illegal to have an open container of alcohol inside a vehicle. Alabama's open container law prohibits possessing an open alcohol container in the passenger area of a motor vehicle on a public roadway. This law applies to everyone inside the car, including the driver and passengers. Alabama's alcohol laws reflect the state's historical support for temperance and its residents' continuing suspicion of alcohol.
Characteristics | Values |
---|---|
Legal drinking age | 21 |
Open container laws | Illegal to have an open bottle of alcohol in a vehicle |
Open container laws exceptions | Certain vehicles, motorhomes and campers, trunk or luggage compartment of a car, bed of a truck, locked compartment behind the front seat of a pickup truck, running vehicles parked away from public right-of-ways |
BAC limit | 0.08% |
Zero-tolerance laws | Drivers under 21 with a BAC of 0.02% or above are subject to DUI penalties |
DUI penalties | Fine of at least $500, up to one year in jail, driver's license suspension for 90 days, mandatory substance abuse or DUI court referral program |
Second DUI offense | Fine of at least $1,000, up to one year in jail, driver's license suspension for one year, minimum of two days in jail or 20 days of community service |
Third DUI offense | Fine of at least $2,000, up to one year in jail, driver's license suspension for three years, minimum of 60 days in jail |
Fourth DUI offense | Fine of at least $4,000, up to ten years in prison, driver's license suspension for five years |
What You'll Learn
Alabama's open container law
Alabama has strict laws regarding the use of alcohol. The state has a strong history of supporting temperance, so it's no surprise that its laws reflect a continuing suspicion of alcohol.
An open container includes any container that is not in the manufacturer's sealed condition. Alabama defines "alcoholic beverage" as any drinkable liquid with at least 0.5% alcohol, including beer, malt beverages, wine, distilled spirits, and mixed drinks.
There are some exceptions to Alabama's open container restrictions:
- Certain vehicles: The law does not apply to passengers in for-hire vehicles, buses operated by a commercial driver, or the living quarters of a mobile home or camper.
- Areas of the vehicle: The restrictions do not apply to items in the trunk, luggage compartment, bed of a truck, or a locked compartment behind the front seat of a pickup truck.
- Unknown to the driver: If a driver did not know about and could not have accessed an open container, they are not guilty of the violation.
- Parked vehicles: The law does not apply to vehicles parked away from public right-of-ways that are not running.
- Restaurant wine: Partially consumed bottles of wine from restaurants can be transported if resealed and stored in the trunk or another area without passengers.
An open container violation is a class C misdemeanour in Alabama, resulting in a fine of up to $25. This violation will not affect the person's driver's license, nor is there any jail penalty.
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DUI laws
Alabama has strict laws regarding the consumption of alcohol. In terms of drinking a beer while driving in Alabama, the state prohibits open containers of alcohol in vehicles. This means that it is illegal to possess an open alcohol container in the "passenger area" of a motor vehicle that is on a public roadway. Alabama's open container law also applies to vehicles that are parked and idling.
The open container law defines an open container as any container that is not in the manufacturer's sealed condition. This includes beer, malt beverages, wine, distilled spirits, mixed drinks, and any drinkable liquids with at least 0.5% alcohol content. There are, however, some exceptions to the open container restrictions. For example, the law does not apply to certain types of vehicles such as for-hire vehicles and buses operated by a holder of a commercial driver's license. Additionally, the restrictions do not apply to items stored in the trunk or luggage compartment of a car, or in the bed of a truck.
Alabama's DUI laws state that it is illegal to operate a motor vehicle while impaired by alcohol and/or drugs. The maximum penalty for a first DUI offense is a 90-day suspension of the driver's license, a fine of up to $2,000, and up to one year in jail. For a second DUI offense, the penalties include a one-year suspension of the driver's license, a minimum fine of $1,000, and a minimum of two days in jail or 20 days of community service. A third DUI offense within five years can result in a three-year suspension of the driver's license, a minimum fine of $2,000, and a minimum of 60 days in jail. A fourth or subsequent DUI offense is considered a felony and can lead to a five-year suspension of the driver's license, a minimum fine of $4,000, and a minimum of one year in prison.
It is important to note that Alabama has zero-tolerance laws for drivers under the age of 21. It is illegal for anyone under 21 to drive with a blood alcohol concentration (BAC) above 0.02%. If a driver under 21 years of age is convicted of operating a vehicle with a BAC of 0.02% or higher, they are subject to DUI penalties. The police have the discretion to arrest drivers for DUI even if their BAC is below the legal limit.
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Alabama's drinking age
Alabama also has specific laws regarding the sale of alcohol to minors. It is illegal for anyone under 21 to purchase alcohol, and there are fines and penalties for retailers who sell alcohol to minors, even if they have a false ID. Alabama residents must be at least 19 to be alcohol servers and at least 21 to be bartenders, and in both cases, there must be a supervisor present.
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Alabama's dry counties
Alabama prohibits open containers of alcohol in vehicles. This means that it is illegal to possess an open alcohol container in the "passenger area" of a motor vehicle that's on a public roadway. Alabama's open container law applies to everyone inside a car located on a public highway or right-of-way, including the driver and passengers.
Alabama defines "alcoholic beverage" as any drinkable liquid containing at least 0.5% alcohol, including beer, malt beverages, wine, distilled spirits, and mixed drinks. This means that some low-alcohol drinks, such as non-alcoholic beers, may be permitted.
There are, however, several exceptions to Alabama's open container restrictions:
- Certain vehicles, such as statutorily authorized for-hire vehicles and buses operated by a holder of a commercial driver's license, are exempt from the open container law.
- Passengers in the living quarters of a mobile home or camper are also exempt.
- The open container law does not apply to items stored in the trunk or luggage compartment of a car, or in the bed of a truck or a locked compartment behind the front seat of a pickup truck.
- If an open container is unknown to the driver and inaccessible, the driver is not guilty of the violation.
- The open container law does not apply to vehicles that are parked away from public right-of-ways and are not running.
- Alabama authorizes the transportation of partially consumed alcoholic beverages from restaurants, as long as the bottle is resealed by the restaurant and stored in the trunk or another area without passengers.
Alabama has a number of dry counties and other areas that prohibit the sale and consumption of alcohol. However, even within these dry counties, there may be "wet" cities or towns that allow the sale and consumption of alcohol. For example, Clay County, Alabama's last completely dry county, recently voted to legalize the sale of alcohol in the cities of Lineville and Ashland.
- Blountsville
- Hayden
- Oneonta
- Cleveland
- Snead
- Susan Moore
- Cedar Bluff
- Centre
- Leesburg
- Cherokee Ridge
- Grove Hill
- Jackson
- Thomasville
- Elba
- Enterprise
- New Brockton
- Cullman
- Good Hope
- Hanceville
- Collinsville
- Henagar
- Ft. Payne
- Rainsville
- Mentone
- Geneva
- Samson
- Slocomb
- Hartford
- Bridgeport
- Scottsboro
- Stevenson
- Hollywood
- Rogersville
- Florence
- St. Florian
- Lexington
- Killian
- Guin
- Haleyville
- Hamilton
- Winfield
- Albertville
- Arab
- Boaz
- Guntersville
- Grant
- Frisco City
- Monroeville
- Decatur
- Hartselle
- Priceville
- Trinity
- Aliceville
- Reform
- Carollton
- Jasper
- Cordova
- Dora
- Sumiton
- Haleyville
- Double Springs
While Alabama's open container law does not specifically address drinking beer while driving, it is safe to assume that it is illegal to do so, as the law prohibits possessing an open container of alcohol in the passenger area of a vehicle. Additionally, it is illegal to drive under the influence of alcohol (DUI) in Alabama, and the legal blood alcohol concentration (BAC) limit for driving is 0.08%.
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Alabama's alcohol-free zones
Alabama has strict laws regarding the consumption of alcohol, with many counties being 'dry', meaning alcohol is not produced, sold, or served in restaurants. The state also has a number of laws that restrict the consumption of alcohol while driving.
Alabama's open container law makes it illegal to possess an open alcohol container in the "passenger area" of a motor vehicle that's on a public roadway. This means that any previously opened bottles of alcohol must be stored in the trunk of the car, where they cannot be accessed by the driver or passengers. The open container law applies to everyone inside a car located on a public highway or right-of-way, including both the driver and passengers. The law also applies to parked cars, even if the vehicle is not running.
Alabama defines "alcoholic beverage" as any drink containing at least 0.5% alcohol, including beer, malt beverages, wine, distilled spirits, and mixed drinks. This means that some low-alcohol drinks, such as non-alcoholic beers, may be permitted. However, it is illegal for anyone under the age of 21 to drive with a blood alcohol concentration (BAC) of more than 0.02%. For drivers over the age of 21, the maximum BAC limit is 0.08%.
There are some exceptions to Alabama's open container restrictions. For example, the law does not apply to passengers riding in certain types of vehicles, such as statutorily authorized for-hire vehicles, buses operated by a holder of a commercial driver's license, or the living quarters of a mobile home or camper. Additionally, the restrictions only apply to the passenger areas of vehicles, so items stored in the trunk or luggage compartment of a car, the bed of a truck, or a locked compartment behind the front seat of a pickup truck are exempt.
Alabama also has laws prohibiting the operation of a vehicle under the influence of alcohol or drugs (OVI). The maximum penalty for OVI is six months' imprisonment (including a mandatory minimum of three days in jail) or a $1,000 fine (with a mandatory minimum fine of $250) or both. Convicted individuals will also have their driving privileges forfeited for six months.
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Frequently asked questions
No, it is illegal to drink a beer while driving in Alabama.
Alabama's open container law makes it illegal to possess an open alcohol container in the "passenger area" of a motor vehicle that's on a public roadway. An open container includes any container that is not in the manufacturer's sealed condition.
A conviction for violating Alabama's open container law carries a maximum penalty of a $100 fine. Consumption of alcohol in a motor vehicle is a fourth-degree misdemeanour with maximum penalties of 30 days imprisonment or a $250 fine, or both.