DUI After “One Drink”? How Alabama Officers Decide to Arrest

You had a beer with dinner or a single glass of wine at a friend’s house, and you felt fine to drive. Then the blue lights came on. One of the most common questions we hear is: can you be arrested for DUI in Alabama after “just one drink”? The short answer is yes. Officers don’t decide to arrest based on a magic roadside number. They build probable cause from your driving pattern, your behavior, and what the camera sees. Understanding how that decision gets made can help you protect your rights and make better choices if you’re stopped.

If you’ve already been cited or arrested, get specific guidance for your county and facts. Start at our Criminal Law page or Contact Us here.

What actually builds probable cause

Alabama law allows an arrest when an officer has probable cause to believe you were driving under the influence. That judgment usually happens before any breath test at the station. Officers consider the totality of circumstances, including:

• Driving behavior: weaving, drifting, late braking, unusually slow speed, or failing to signal.
• Initial observations: odor of alcohol, glassy or watery eyes, thick-tongued speech, fumbling for license and insurance, confusion about questions.
• Divided-attention tasks: how you follow instructions while retrieving documents or stepping from the vehicle.
• Field sobriety tests: walk-and-turn, one-leg stand, and the horizontal gaze nystagmus (eye) test.
• Statements: admissions like “I only had one,” “I’m exhausted,” or “I haven’t eaten all day.”

Any single item rarely decides the case. Officers add up clues; if they cross a threshold, they arrest.

Why field sobriety tests aren’t one-size-fits-all

Field tests are meant to challenge balance and attention. They’re also sensitive to things that have nothing to do with alcohol:

• Environment: gravel, sloped pavement, flashing lights, wind, rain, or heavy traffic.
• Footwear and clothing: heels, boots, sandals, restrictive outfits, or pockets stuffed with keys and a phone.
• Medical conditions: vertigo, inner-ear disorders, neuropathy, back, knee, or ankle problems, contact lenses or eye conditions that affect the nystagmus test.
• Fatigue and anxiety: nerves alone can make movements choppy and speech shaky.

If any of this applies, say so politely and ask that your statement be noted. A judge later reviewing video might see an explanation for what looked like “clues.”

“I only had one”: how admissions get used

Many drivers try to be honest and say, “I only had one drink.” That sentence becomes an admission of drinking in the report and often invites more testing. You aren’t required to estimate amounts beyond basic identification. Be courteous, provide documents, and keep answers brief. Do not argue at the roadside.

The breath or blood test comes later

Contrary to TV, the arrest decision often precedes any chemical test. Breath testing usually occurs at the station; blood is used in particular circumstances. Alabama’s implied-consent law requires that, after a lawful arrest, you submit to chemical testing or face license consequences on a separate track. If a test is administered, the number is not the whole story. Defense strategies often examine:

• Machine reliability and maintenance records.
• Operator certification and the required observation period.
• Timing between driving and testing (rising blood alcohol).
• Medical issues like GERD that can produce mouth alcohol.
• Chain of custody and lab procedures for blood cases.

Can you be charged below a per-se limit?

Yes. Even when a breath result is below a per-se limit, prosecutors can argue impairment based on behavior. Conversely, a high number can be challenged if the stop was unlawful, field tests were poorly administered, or the device wasn’t properly maintained. The case turns on evidence quality, not assumptions.

Practical steps if you’re stopped after “one drink”

• Stay calm and courteous. Angry or sarcastic comments play badly on video.
• Provide documents promptly and keep your hands visible.
• Mention footwear or medical issues that affect balance or eyes.
• Avoid volunteering drink counts or debating the officer’s opinions.
• After release, write a timeline: where you were, what you consumed and when, medications, sleep, weather, and what was said.
• Call a DUI lawyer quickly to preserve video and to manage license deadlines.

Evidence that changes outcomes

Video often tells a fuller story than a written narrative. Clean lane control, normal speech, and steady coordination can undercut a report that lists “clues.” Likewise, video can reveal poor instructions or unsafe conditions for field tests. A strong defense connects these specifics to training materials and to the law, rather than relying on generalities.

Frequently asked questions

Do I have to do field sobriety tests? Alabama does not require you to perform roadside field tests, but refusing may influence the officer’s arrest decision. If you attempt them, ask for clear instructions and a flat, well-lit surface.

Should I tell the officer exactly how much I had? You must provide license and insurance, but you are not required to estimate drinks. Polite, minimal responses are safer than guesses that can be misquoted.

What if I blew below .08? You can still face prosecution based on alleged impairment. Your attorney will evaluate whether the overall evidence actually shows unsafe driving and whether procedures were followed.

How fast do I need to act? License deadlines move quickly. Waiting can limit restricted-driving options and risks losing helpful video due to routine overwrites.

Collateral issues: insurance, employment, and travel

A DUI accusation can affect car insurance and, for some jobs, your ability to work. If you hold a commercial driver’s license or drive for your employer, there may be reporting rules or immediate consequences. Plan transportation during any restriction period, and keep a calendar of court and compliance appointments. For international travel, certain convictions can complicate entry; ask counsel before booking.

Bottom line

Yes, officers can arrest after “just one drink” when the total picture suggests impairment. Arrest is not conviction. The state still bears the burden to prove its case, and many arrests are defensible when procedure, conditions, video, and testing are examined closely. The next best step is a focused review of your facts and deadlines with a lawyer who handles Alabama DUI cases regularly.

Ready to talk through your situation? Start at our Criminal Law page or Contact Us here.

Legal disclaimer: This article provides general information about Alabama DUI stops and probable cause. It is not legal advice. Every case is unique; please speak with an attorney about your situation.