Code of Alabama
Ala. Code § 32-5-171 (2026)
Arrest Without Warrant; Issuance of Traffic Citation.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A law enforcement officer as defined in Section 36-21-40, may arrest, at the scene of a traffic accident, any driver of a vehicle involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person by violating Section 32-5A-191 contributed to the accident. He or she may arrest such a person without a warrant although he or she did not personally see the violation.
(b) A law enforcement officer, as defined in Section 36-21-40, subsequent to a traffic accident, may issue a traffic citation to a driver of a vehicle involved in the accident when, based on personal investigation, the officer has prima facie evidence demonstrating grounds to believe that the person has committed any offense under Chapter 5, 5A, 6, 7, or 7A of Title 32.
(Acts 1971, No. 1942, p. 3137; Acts 1983, 2nd Ex. Sess., No. 83-201, p. 379; Act 2016-292, §1.)
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1982–2021 · leading case: Ex parte Harris, 216 So. 3d 1201 (Ala. 2016).
Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “ment officer may arrest a person without a warrant if: “(i) The law enforcement officer has probable cause to believe that a felony has been committed, or is being committed, and that the person to be arrested committed it, or “(ii) Any offense has been committed in the law…”
Buchanan v. Merger Enter., Inc., 463 So. 2d 121 (Ala. 1984). “1942, codified at § 32-5-171. When the legislature passed the new drunk driving law in 1980 it did not amend § 32-5-171 to reflect passage of the new act.”
Telfare v. City of Huntsville, 841 So. 2d 1222 (Ala. 2002). “ment officer may arrest a person without a warrant if: "(i) The law enforcement officer has probable cause to believe that a felony has been committed, or is being committed, and that the person to be arrested committed it, or "(ii) Any offense has been committed in the law…”
Ingram v. State, 720 So. 2d 1036 (Ala. Crim. App. 1998). “The appellant maintained that the offense was not committed in the arresting officer’s presence and that, therefore, his arrest after he was transported to the hospital was not lawful under § 32-5-171, Ala.Code 1975. Section 32-5-171 states: “A uniformed police officer, state…”
Kuykendall v. Marshall (N.D. Ala. 2021). “Kuykendall requests this court enjoin the state proceedings against him and seeks an entry of judgment declaring Ala. Code § 32-5-171 (b) unconstitutional.”
State v. Adams, 592 So. 2d 639 (Ala. Crim. App. 1991). “The trial court granted Adams’s motion to dismiss and issued an order stating that the incident was not an accident and therefore did not fall under the mandate of § 32-5-171, Code of Alabama 1975. We hold that the trial court erred in granting Adams’s motion to dismiss.”
State v. Adams, 592 So. 2d 641 (Ala. 1991). “The trial judge heard testimony as part of Adams’s motion to dismiss on the grounds that the evidence did not present an “accident” within § 32-5-171, Code of Ala.1975. Finding that the officer did not have the necessary probable cause to arrest Adams, he entered a judgment of…”
White v. State, 422 So. 2d 1 (Ala. Crim. App. 1982). “Alabama Code 1975, Section 32-5-171. Sentence was a $100.00 fine and costs.”
Caver v. State, 533 So. 2d 734 (Ala. Crim. App. 1988). “Furthermore, § 32-5-171, Code of Alabama, 1975 provides: “A uniformed police officer, state trooper, county sheriff or his deputy or member of a municipal police force may arrest, at the scene of a traffic accident, any driver of a vehicle involved in the accident if upon…”
Muldoon v. State, 959 So. 2d 698 (Ala. Crim. App. 2006). “Moreover, Muldoon argued that § 32-5-171, Ala.Code 1975, 2 specifically addresses DUI charges by allowing an officer who did not witness the accident, but who is on the scene with the driver and determines that the driver is under the influence, to arrest the driver at the scene…”
— Ala. Code § 32-5-171(a) — 1 case
Kuykendall v. Marshall (N.D. Ala. 2021). “Kuykendall requests this court enjoin the state proceedings against him and seeks an entry of judgment declaring Ala. Code § 32-5-171 (b) unconstitutional.”
— Ala. Code § 32-5-171(b) — 1 case
Kuykendall v. Marshall (N.D. Ala. 2021). “Kuykendall requests this court enjoin the state proceedings against him and seeks an entry of judgment declaring Ala. Code § 32-5-171 (b) unconstitutional.”
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