DUI vs. “Driving After One Drink”: How Alabama Police 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 hit. One of the most common questions we hear is: Can I 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 number at the roadside. They build probable cause from your driving pattern, your behavior, and the totality of what they observe. Understanding how that decision is made can help you protect your rights and make smarter choices if you’re stopped.

If you’ve been cited or arrested, talk to counsel as soon as possible. Start with our Criminal Law page to learn how our team handles DUI and related charges, or reach out directly through Contact.

Probable Cause: It’s More Than a Number

In Alabama, an officer may arrest for DUI when there’s probable cause to believe you were driving under the influence. That assessment usually happens before any breath test. Here are the building blocks officers rely on:

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

A single drink can be consistent with sobriety—but if the officer perceives multiple “clues,” it can add up to probable cause even without an on-scene breath number.

Why Field Sobriety Tests Aren’t One-Size-Fits-All

FSTs are designed to challenge balance, coordination, and focus. They can also be influenced by factors unrelated to alcohol:

• Environment: gravel shoulders, sloped pavement, high winds, rain, flashing lights, or heavy traffic.
• Footwear and clothing: heels, boots, sandals, or restrictive outfits.
• Medical conditions: vertigo, inner-ear disorders, neuropathy, knee/ankle/back problems, or neurological issues.
• Fatigue and anxiety: nerves alone can cause shakiness and choppy movements.

If any of these apply, say so politely and ask that your statement be noted. Later, your attorney can compare your explanation with the body-cam/dash-cam video to show why an apparent “clue” may not indicate impairment.

“I Only Had One”: How Admissions Get Used

Many drivers try to be forthright and say, “I only had one drink.” Unfortunately, that statement still becomes an admission of drinking in the report and can be used to justify further testing or an arrest. You are not required to estimate drinks beyond basic identifying information. If you choose to answer, keep responses brief and courteous; do not argue at the roadside.

The Breath (or Blood) Test Comes After the Arrest Decision

Contrary to what many believe, the arrest is typically based on the observations above; chemical testing usually happens after arrest at the station, not before. Alabama’s implied consent law means that, after a lawful DUI arrest, refusing a chemical test can trigger a license suspension separate from your criminal case. If a test is administered, the result can support the prosecution—but it’s not the end of the story. Defense strategies often focus on:

• Machine reliability and maintenance records.
• Operator certification and adherence to protocols.
• Timing between driving and testing (rising blood alcohol).
• Medical issues (e.g., GERD/acid reflux) that can skew breath results.
• Chain of custody and lab procedures in blood cases.
  
  

Below the “Per-Se” Limit? You Can Still Be Charged

Alabama law allows prosecution based on impairment evidence even if a test result—when one exists—is below a per-se threshold. Conversely, a result above the limit can still be challenged if the stop was unlawful, FSTs were poorly administered, or the device wasn’t properly maintained. The case turns on evidence quality, not assumptions.

Video Evidence Often Tells a Different Story

In many cases, video is the most important witness. A report might describe swaying or slurred speech, but clear video can show steady walking, normal conversation, accurate counting, and clean lane control. Your lawyer should request:

• Dash-cam/body-cam footage from the stop and FSTs.
• Station video during breath testing or alleged refusal.
• Audio recordings of instructions and your responses.

Discrepancies between video and narrative can lead to reduced charges or dismissals.

Practical Steps If You’re Stopped After “One Drink”

• Stay calm and courteous. Aggression or sarcasm plays badly on video.
• Provide documents promptly and avoid sudden movements.
• Mention medical or footwear issues that affect balance or eye movements.
• Do not volunteer drink counts beyond what you’re legally required to provide.
• After release, write a timeline while memories are fresh: where you were, what you consumed and when, medications, sleep, and who can verify your condition.
  
  

License Consequences March on a Separate Track

Even if you plan to contest the criminal charge, license deadlines move quickly. Depending on the facts, you may need to request a hearing or explore restricted driving options. Missing an administrative deadline can limit your ability to work or care for family while the case is pending. An early call with a DUI attorney helps you map those dates and protect driving privileges where possible.

Employment, Insurance, and Collateral Impact

A DUI arrest can ripple into your employment, professional licensing, and auto insurance rates. Planning ahead—adjusting commute logistics, documenting job duties that require driving, and seeking early counsel—can reduce collateral damage while the case proceeds.

Bottom Line

Yes, Alabama officers can arrest after “just one drink” when the overall picture suggests impairment. But arrests are not convictions. The state still must prove its case, and many defenses turn on procedure, video, testing protocols, and context. If you were stopped, don’t guess your odds—get a focused review of the evidence and deadlines.

For help now, visit our Criminal Law page or Contact us to schedule a confidential consultation.

Legal Disclaimer: This article is general information about Alabama DUI stops, probable cause, and testing. It is not legal advice. Laws and local practices change, and every case is unique. To get advice for your situation, please call our office or submit a contact form today.