Personal Foul – Drinking and Driving

The tailgate, the game, and the drive home -- Whether you’re watching football at a house party, sports bar, or stadium, fans know that alcohol flows freely. But, beneath the roar of fans and the clinking of glasses, there is a troubling trend: an increase in drunk driving accidents.

Alabama’s Drunk Driving Laws

It is common knowledge that drinking and driving is deadly. But, despite education efforts and the public’s knowledge, drunk driving remains a problem in Alabama. Every day, roughly 34 people die in the U.S. because of drunk driving… that’s one person every 42 minutes.

Under current Alabama law, drinking and driving is prohibited if you have a blood alcohol concentration (BAC) of .08 percent or more. If you are under 21 years old, the legal limit is decreased to .02 percent. Knowing your limit and knowing how much alcohol you have consumed is important. By drinking and driving, you are not only putting yourself at risk, but also an innocent bystander.

Penalties for a DUI in Alabama include:

· First Offense: up to 1 year in jail, face fines from $600 to $2,100, and a 90-day license suspension.

· Second Offense: up to 1 year in jail, fines between $1,100 and $5,100, and a 1-year license suspension.

· Third Offense: up to 5 years in prison, fines from $2,100 to $10,100 and a 3-year license suspension.

· Penalties also increase with aggravating factors such as having a child in the vehicle.

Simply by driving in Alabama, you have already given implied consent to partake in a field sobriety test and BAC test if an officer stops you and has reasonable suspicion that you are intoxicated. If you refuse to take the test, an officer is allowed to penalize you by suspending your license for 90 days. On top of that, refusal can be used against you in court to support a conviction of DUI.

Recent legislative developments show that Alabama is taking a more serious approach to punishing drunk drivers. Alabama has been considering House Bill 1 (HB1), which would:

• require first-time DUI offenders to have an approved ignition interlock device installed in their vehicles for six months;

• keep the 90-day restricted driver’s license requirement; and

• remove the opportunity to stay their 90-day suspension.

If enacted, this law will become effective on October 1, 2026. This change signals a growing recognition that stricter measures are necessary to reduce drunk driving accidents.

Why Football Season Raises the Stakes

That being said, on game day, the stakes are raised. The Action Network surveyed 3,058 NFL fans in August 2025 and found that nearly 50% of all respondents drink before they even enter the stadium. Another survey found that drinks continue to flow during and after games, with fans drinking 34% more when their team is behind and 31% more when their team is ahead.

Alcohol.org surveyed 3,719 NFL fans and found that 1 in 4 admitted to driving themselves home after a night of drinking and watching football. During major sporting events, like the Super Bowl, these rates are even higher. In 2022, the National Highway Traffic Safety Administration (NHTSA) found that 45% of all fatal crashes on Super Bowl Sunday involve alcohol.

The bottom line: with football season comes more drinking, and unfortunately, more drunk drivers on the road. So, be cautious and prioritize protecting yourself and others by driving safely on the road.

Practical Tips to Avoid Drunk Driving

• Plan ahead. Designate a sober driver before the game or arrange for a rideshare service.

• Stay put. If you’ve been drinking, don’t risk it. Crash on a friend’s couch or wait it out.

• Eat and hydrate. Food and water slow down alcohol absorption and can help reduce impairment.

• Take a BAC test at home. They are easily purchasable and leave no room for doubt. If you suspect that you are too impaired to drive, even if your BAC is under .08, do not risk it.

• How to Avoid Being Hit by a Drunk or Impaired Driver

• Stay alert. Watch for vehicles swerving, braking suddenly, or drifting between lanes.

• Keep distance. If you suspect another driver is impaired, do not try to pass or engage with them. Maintain space.

• Avoid late-night driving. Drunk driving accidents most often occur between midnight and 3 a.m., especially on weekends.

How to Report Suspicious or Drunk Drivers

First things first, before you report someone for drunk driving, recognize the signs. Is the driver:

• Suddenly accelerating or braking?

• Unable to keep pace with traffic?

• Driving with headlights off?

• Weaving or drifting out of the lane?

• Colliding with curbs or other objects?

• Driving on the wrong side of the road?

If the answer to those is yes, the safest thing to do is report the driver to the proper authorities. Steps you need to follow include:

• Gathering information: Try to get the license plate number of the car. If you cannot do that safely, try to note the make, model, and color of the vehicle, as well as the driver’s direction of travel.

• Pulling over. It is important to get off the road and away from someone who is driving dangerously. Do not put yourself in harm’s way.

• Call the nearest highway patrol station or 911 and stay on the line as long as necessary.

• Do not intervene. Never attempt to stop or confront the driver yourself. It’s unsafe and could escalate the situation.

Don’t Drop the Ball

Football season is a time of fun and should be about celebrating your team, not experiencing a preventable loss. Be careful and follow the rules of the road this football season to keep Alabama roads safe. If you or someone you know has suffered injuries in a traffic accident with a drunk driver, contact Snable Law, LLC today. You deserve to be compensated for your injuries.