Important Facts About Alabama's DUI Related Administrative License Suspension Law*


GROUNDS FOR SUSPENSION


DUI related driver's license revocation or suspension actions are instituted by the Director of Public Safety for

 

1. Driving or being in control of a motor vehicle with blood alcohol level of:
a. .08 or above (all persons);
b. .02 or above (under 21);
c. .02 or above (school bus or day care drivers while performing duties);
d. .04 or above (commercial driver); and for

2. Refusing test as directed by officer to determine blood alcohol level.

PROCEDURE

1. Arresting officer issues notice of suspension or revocation at time of arrest (AST-60).

2. Arrestee may request

a. Administrative Review, and/or
b. Administrative Hearing - MUST REQUEST HEARING WITHIN 10 DAYS IN ORDER TO GET JUDICIAL REVIEW.

3. Arrestee may appeal adverse ruling to Circuit Court for Judicial Review within thirty (30) days after ruling of administrative hearing.
*ARTICLE 32 of Chapter 5A, Title 308, Code of Alabama 1975, effective August 9, 1996 (as amended through 1999 Regular Legislative Session)

SUSPENSION PERIOD

Suspension periods vary from ninety (90) days to five (5) years - depending on driver's age, license category, and driving record.

RELATION TO DUI CASES

Each driver arrested in Alabama for an alcohol related DUI is charged criminally with the offense of driving under the influence, or driving with prohibited blood alcohol content. A conviction that is not appealed or reversed automatically brings a license suspension.

Each driver who holds an Alabama driver's license and whom is charged with having an alcohol level above the legal limit OR with refusing a test to determine alcohol content when properly demanded by an officer is normally also issued an ADMINISTRATIVE Notice Of Suspension (AST-60) which initiates an administrative case totally separate from the criminal case. You can lose your right to drive, even if the criminal charge is dismissed or has resulted in a finding of not guilty. In effect, the State gets two bites at your driver's license apple. You must prevail in both the Criminal and Administrative Cases in order to preserve your driving record. The outcome of either case may effect your job and your lifestyle, as well as the costs of liability insurance. The record of a conviction or final administrative suspension can be available to your insurance company from the State's database.

A person charged with DUI and subjected to a separate ADMINISTRATIVE PROCEDURE should understand the consequences of both charges in order to evaluate how he or she will respond to each case. If you hope to preserve your driving privilege you MUST promptly request an ADMINISTRATIVE HEARING by the Director of Public Safety or his agent - as described on your Notice of Suspension (AST-60) form received from the arresting officer, otherwise one of the bites that the State has at your driver's license apple will be forfeited and you will suffer many of the adverse results of the charge, even of a judge or jury eventually finds the DUI criminal charge to be unfounded.

There is a separate driver's license suspension law which applies to accidents involving personal injury or death.

You should seek legal advice immediately so that the specifics of your situation can be addressed.

What our Clients are saying:


Dear Phil,

We want to thank you for your efforts and success in defending ****. We hope we won't need you again in that capacity. But, we wil recommend you to anyone in need of your services.

Sincerely,

J.A. and the whole family
Huntsville, AL