Home State Laws The State Laws of Alabama

The State Laws of Alabama

The State Laws of Alabama


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Alabama Abortion Laws

Within the state of Alabama, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Alabama state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Alabama abortion law is detailed in code law under 13A-13-7; 26-21-1 to 8: 22-5

•    The statutory definition of illegal abortion in Alabama is defined as the termination of pregnancy under a willful administration of drugs, substances, or any instrument which induces an abortion or miscarriage. A partial birth is defined by Alabama state law as an act of a physician who performs a partial birth abortion within the state, thereby killing a human fetus. This action is viewed as a Class C felony and upon conviction the individual administering the operation will be punished as prescribed by law. 

•    The penalty for an unlawful abortion is the administration of a fine of $100 to $1,000 and imprisonment to 12 months. An abortion of a viable fetus is a Class A felony.

•    The Statutory definition of a legal abortion is the necessary preservation of life, health of the mother or where fetus is not viable.

Alabama Marijuana Laws

•    Alabama marijuana laws are affirmed in code section 20-2-1, et seq; 20-2-23 3(j); 13A-12-210 to 215, 231 (i)

•    Personal use and possession of marijuana in the state of Alabama is considered a Class A misdemeanor; subsequent offense or possession of marijuana for other than personal use is a Class C felony.

•    The sale of marijuana is a Class B felony if the individual sells to minors, or within 3 miles of a school campus. The penalty for such actions is up to 5 years in prison.

•    Trafficking laws in Alabama: 1 kilo-100 lbs.: minimum 3 years in prison and a mandatory fine of $25,000; 100-500 lbs.: minimum 5 years and mandatory $50,000; 500-1,000 lbs.: minimum 15 years and mandatory $200,000; Over 1000 lbs.: without parole.

Alabama DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Alabama:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Alabama, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    Upon conviction of a DUI charge in Alabama, the guilty party is subjected to a 90 day license suspension (1st time offense), 1 year for 2nd offense, and 3 years for a third offense. In the event of a conviction the guilty party is forced to enroll in an education and treatment assessment. Alabama does not confiscate vehicles nor participate in ignition interlock programs.

•    In Alabama, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Alabama, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Alabama Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Alabama, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons or individuals who have been in long-term care in a mental health facility is illegal in the state of Alabama;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    The constitution of Alabama states that every citizen has the right to bear arms in defense of himself and the state. 

•    Licensed gun dealers in the state are required to process background checks through the FBI. Licensed dealers must keep a record of every handgun sold, including the purchaser’s signature and particular information regarding the firearm sold. 

•    Current listing or report of forearms considered to be illegal in the state of Alabama: 

•    Legal Codes: 6-8-102 (Alabama gun laws), 6-8-104 (the prohibition of firearms within a school zone)

Alabama Adoption Laws

In the state of Alabama, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child:

•    Within the state of Alabama, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Alabama, the Department of Family Services mandates all adoptions

Alabama Employment and Labor Laws

•    Within the state of Alabama, the minimum wage is 5 dollars and 15 cents awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of Alabama, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Alabama Divorce Laws

Within the state of Alabama, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of Alabama; in the event that an individual –or individuals – were married in Alabama and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences

Alabama Death Penalty Laws 

Within the state of Alabama, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    Capital punishment in the state of Alabama is allowed. No minimum age is required but age is a mitigating circumstance regarding the death penalty.

•    Homicide is the only permissible offense that would warrant capital punishment. The method of execution in Alabama is electrocution.

•    The minimum age permissible for a capital punishment sentence is 16

•    Within the state of Alabama, homicide is considered to be the only crime punishable by death

•    The accepted means of lethal injection is lethal injection

Alabama Gambling Laws

Within the state of Alabama, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    All gambling devices such as casinos are banned in the state of Alabama.

•    Dog racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Alabama

Alabama Child Laws

Within the state of Alabama, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision