Decoding Alabama’s Driver’s License Suspension Laws After a Drug Arrest

A drug possession arrest in Alabama can feel overwhelming, and many individuals are immediately concerned about the impact on their ability to drive. For years, the state enforced a strict, mandatory suspension of a person’s driver’s license following a drug conviction, even if the offense was completely unrelated to driving. This policy was a point of concern for many citizens, especially those relying on a vehicle for work and daily life.

However, recent legislative changes have provided a critical update to this area of Alabama law. It is essential to understand the current legal landscape to properly navigate a criminal case that involves drug charges. This post outlines the key distinctions between simple possession and felony drug offenses regarding driver’s license penalties under Alabama law.

The Critical Update: Non-Mandatory Suspension for Simple Possession

The most significant change occurred on January 30, 2016, affecting offenses related to simple drug possession. Prior to this date, a conviction for possession of a controlled substance, or possession of marijuana in the first or second degree, triggered a mandatory six-month driver’s license suspension. This meant that neither a judge nor a prosecutor had the authority to waive the mandatory suspension period for these specific offenses.

Under the current interpretation of the law, a judge is not forced to suspend a driver’s license for simple drug possession offenses, but retains the judicial discretion to do so if they deem it necessary. For individuals arrested before January 30, 2016, but sentenced after that date, the outcome may still be complicated, and the Alabama State Law Enforcement Agency (ALEA) is generally required to notify the individual of their intent to suspend the license.

Drug Felonies That Still Require Mandatory Suspension (AL Code § 13A-12-290/291)

While the law concerning simple possession has softened, the state still maintains a mandatory six-month license suspension for convictions related to more serious drug-related felonies. These are codified under Alabama Code § 13A-12-290 and § 13A-12-291, which specify the crimes warranting this severe penalty.

For these specific serious offenses, the Alabama State Law Enforcement Agency (ALEA) is required to suspend the driver’s license for a period of six months following a conviction, adjudication, or finding of delinquency. If the individual does not have a license, or their license is already suspended or revoked, the issuance or reinstatement of the license will be delayed for six months after they apply.

Case Highlight: Treatment and Crediting Time

Navigating a License Suspension: The Hardship Driver License

A suspended license due to a drug conviction (not related to a DUI) does not have to mean a complete loss of mobility. Alabama’s administrative rules allow certain individuals to apply for a Hardship Driver License (HDL).

An HDL provides limited driving privileges, allowing the licensee to operate a motor vehicle only under specific circumstances. These circumstances typically include:

• Driving to or from employment, job training, or job interviews.
• Driving to or from any court-ordered program, treatment, community service, or court appearance, including drug or alcohol counseling or other rehabilitation programs.

It is important to note that a person convicted or adjudicated of DUI under Alabama Code Section 32-5A-191 is specifically not eligible to apply for a Hardship License. Furthermore, an HDL is valid only in Alabama.

Summary of Your Options and Next Steps

When facing drug possession charges in Alabama, understanding the potential impact on your driving privileges is as important as addressing the criminal charge itself. Engaging with a qualified Legal Expert early in the process is crucial to explore all possible avenues, from challenging the charge to petitioning for a Hardship License.

Key Takeaways for Alabama Residents

1. Simple Possession: The mandatory six-month license suspension for simple drug possession is no longer in effect as of January 30, 2016, but a judge still has discretion to impose a suspension.
2. Serious Felonies: A mandatory six-month suspension is still required for convictions of drug trafficking, unlawful possession with intent to distribute, and related conspiracies or attempts.
3. Treatment Credit: Time spent as a resident in an approved in-patient drug rehabilitation facility can be credited against the six-month suspension period.
4. Hardship License: If your license is suspended for a non-driving drug conviction, you may be eligible to apply for a Hardship Driver License to maintain limited driving privileges for essential activities like work or court-ordered treatment.
5. DUI Distinction: Suspensions for Driving Under the Influence (DUI) of a controlled substance are separate, involving different laws and administrative processes, and make you ineligible for a Hardship License.

Frequently Asked Questions (FAQ)

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