Categories: Court Info

Alabama Driving License Suspended: Penalties & Sentencing

⚖️ Legal Overview: Alabama Driving Without a License

Driving without a proper license in Alabama is a serious traffic misdemeanor. Penalties vary dramatically depending on whether you simply never obtained a license (§ 32-6-18) or were driving on a suspended, revoked, or canceled license (§ 32-6-19). Understanding the distinction is crucial for your bail hearing and subsequent sentencing.

Decoding Alabama’s ‘Driving Without a License’ Laws

The laws governing the operation of a motor vehicle in Alabama require all drivers to possess a valid license. When a driver is stopped and cannot produce a proper license, the resulting charge falls under one of two distinct categories in the Code of Alabama. The court system, including the bail process and final sentencing, treats these two charges with significantly different levels of severity, making it imperative to correctly identify the charge you or a loved one is facing.

Driving Without a Valid License (Code of Alabama § 32-6-18)

This is the least severe of the two offenses. It applies to individuals who are legally required to have a license but have either never obtained one or whose valid license has simply expired. It does not apply if your driving privileges were actively canceled, suspended, or revoked.

Penalties for General Unlicensed Driving

Classification: Misdemeanor.
Fine Range: Not less than $10 and not more than $100.
Additional Penalty: An extra $50 penalty is assessed, which is distributed to the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund.
Imprisonment: Generally, this specific statute does not impose a mandatory jail term, though a general misdemeanor conviction could carry up to 180 days if sentenced under broader provisions, this is highly uncommon for a first offense.

Driving While Suspended, Revoked, or Canceled (Code of Alabama § 32-6-19)

This charge, often abbreviated as “DWS” or “DWR,” is significantly more serious because it involves knowingly violating an administrative order that terminated or suspended the individual’s legal right to operate a vehicle. This statute is primarily what leads to the most stringent sentencing guidelines and the need for a bail hearing.

🚨 Critical Penalties for DWS/DWR (First Offense)

Classification: Misdemeanor.
Fine Range: A mandatory fine between $100 and $500.
Jail Time: Up to 180 days in jail.
License Extension: At the discretion of the Director of Public Safety, the person’s driving privilege may be revoked for an additional six months.

Vehicle Impoundment Guidelines

A distinctive and immediate consequence of driving while suspended or revoked under § 32-6-19 is the potential for vehicle impoundment. A law enforcement officer is required to immediately have the vehicle towed and impounded, regardless of who owns it or who else is in the car.

Impoundment Exception:

Impoundment shall not occur if the owner of the vehicle or another immediate family member of the owner is present in the vehicle and presents a valid driver’s license to the officer. All towing and storage costs are the responsibility of the owner to retrieve the vehicle.

The Bail Hearing Process in Alabama

A bail hearing (or bond hearing) generally occurs shortly after arrest, typically within 24 to 72 hours, for misdemeanor offenses like driving without a license. The purpose is for the judicial officer to set the conditions for the defendant’s release from custody until their trial or sentencing.

For most traffic misdemeanors, the court uses a uniform bond schedule to set bail amounts. Driving While Suspended or Revoked (DWS/DWR) is often categorized in a higher tier of a bond schedule than a simple unlicensed driving charge due to its greater severity. An unvacated forfeiture of bail is legally equivalent to a conviction for certain purposes, such as mandatory license revocation. Therefore, failing to appear can automatically convert the bail amount into a fine and court costs, resulting in a conviction on the driving record.

💡 Legal Expert Tip: Bail and Plea

The bail hearing is a critical point. Consulting with a Legal Expert beforehand can help determine if a plea of nolo contendere (no contest) or a simple guilty plea is in your best interest. Remember that both a plea of guilty and an unvacated bail forfeiture are considered a conviction in Alabama’s traffic court system.

Sentencing Guidelines and Judicial Discretion

While the Code of Alabama provides the minimum and maximum penalties, the actual sentence imposed by the judge is governed by the state’s sentencing guidelines and judicial discretion. The court will consider several factors when deciding on the final punishment:

Reason for Suspension/Revocation: A DWS stemming from a DUI is treated much more severely than one stemming from unpaid traffic tickets or failure to pay court costs.
Prior Record: Repeat offenses for driving while suspended/revoked will almost certainly result in jail time and the maximum fines.
Mitigating Factors: Evidence of taking steps to reinstate the license, a clear need to drive for employment, or completing community service may be considered mitigating factors by the judge.

Offense Type (Alabama Code)	Fine Range	Jail Time	Additional Consequences
Driving Without a Valid License (§ 32-6-18)	$10 to $100 + $50 Penalty	None (typical)	Traffic citation recorded
Driving While Suspended/Revoked (§ 32-6-19)	$100 to $500 + $50 Penalty	Up to 180 days	Vehicle Impoundment; up to 6 months additional revocation

Hypothetical Case Example: The DWS Conviction

Case Example

A hypothetical defendant, “Mr. Smith,” was pulled over for a broken taillight. His license had been suspended six months prior due to a conviction for failure to maintain automobile liability insurance.

Mr. Smith was charged under § 32-6-19. At his bail hearing, a bond of $1,500 was set. Upon consulting with a Legal Expert, Mr. Smith was advised to get his insurance and license reinstatement paperwork in order before his court date. At sentencing, the judge noted his efforts at compliance as a mitigating factor. The court imposed a fine of $250 plus the mandatory $50 fee, court costs, and a three-day suspended jail sentence conditioned on six months of unsupervised probation. The judge also specifically waived the additional six-month revocation period at the discretion of the Director of Public Safety, noting Mr. Smith’s compliance efforts.

*This case is hypothetical and does not constitute legal advice. Outcomes vary based on jurisdiction, judge, and specific facts.*

Key Takeaways for Alabama Driving Offenses

Navigating a traffic offense in Alabama, especially one involving a suspended license, requires immediate and informed action. The following points summarize the essential information:

Alabama law differentiates sharply between driving without a license (less severe, minor fines) and driving while suspended/revoked (DWS/DWR), which carries significant fines and up to 180 days in jail.
The charge of DWS/DWR (§ 32-6-19) often results in the immediate impoundment of the vehicle, regardless of ownership, unless the owner or a family member with a valid license is present.
Bail is set based on a bond schedule; an unvacated bail forfeiture is legally treated as a conviction, so all defendants should appear at their court date.
Sentencing involves fines, potential jail time, court costs, and a mandatory $50 penalty, with the court having discretion over the jail sentence and additional license revocation.

CARD SUMMARY: IMMEDIATE ACTION CHECKLIST

Identify the Charge: Know if you are charged under § 32-6-18 or the more serious § 32-6-19.
Address Bail: Secure bond for release and ensure you attend all scheduled hearings.
Prepare for Court: Gather all necessary documents for license reinstatement, as this can be a mitigating factor in sentencing.

Frequently Asked Questions (FAQ)

Q: Is driving on a suspended license a felony in Alabama?

A: No. In Alabama, driving with a suspended, revoked, or canceled license is a misdemeanor offense for a first-time conviction, punishable by up to 180 days in jail and up to a $500 fine.

Q: What is the $50 additional penalty for?

A: Alabama Code mandates an additional $50 penalty on top of the base fine for these offenses. This money is allocated to the Traffic Safety Trust Fund and the Peace Officers Standards and Training Fund.

Q: Can my vehicle be impounded if someone else was driving it?

A: Yes. Under § 32-6-19, the vehicle shall be impounded, regardless of who owns it, unless the owner or a family member with a valid license is present. The owner is then responsible for all towing and storage costs.

Q: Can I get my suspended license back immediately after paying the fine?

A: No. A license is not automatically reinstated. You must formally apply for reinstatement with the Alabama Law Enforcement Agency (ALEA), pay all required reinstatement fees (which vary depending on the original reason for revocation/suspension), and satisfy any other requirements.

Disclaimer

Important Legal Notice: This blog post is for informational purposes only and does not constitute professional legal advice, nor does it create an attorney-client relationship. Laws, including fines, fees, and penalties, are subject to change. Always consult with a qualified Legal Expert licensed in Alabama for advice specific to your individual case. This content has been generated with assistance from an Artificial Intelligence model.

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