Alabama DUI License Suspension: Your 10-Day Appeal Deadline

The Dual Threat: Criminal Charge vs. License Suspension

Following an arrest for Driving Under the Influence (DUI) in Alabama, you immediately face two separate and independent legal proceedings:

1. The Criminal Case: This determines your guilt or innocence for the DUI offense under Title 32-5A-191 of the Code of Alabama and may result in jail time, fines, and a criminal record.
2. The Administrative License Suspension (ALS) Case: This is a civil matter handled by the Alabama Law Enforcement Agency (ALEA), formerly the Department of Public Safety. It determines whether your driving privileges will be suspended based on your Blood Alcohol Content (BAC) test results or refusal to test.

It is crucial to understand that you can win the criminal case but still lose your license in the administrative action, and vice versa. The suspension for the ALS action is based on one of two grounds, known as “per se” or “refusal” suspensions:

• Per Se Suspension: Your BAC was 0.08% or greater (or 0.02% or greater if under 21).
• Refusal Suspension: You refused to submit to a chemical test (breath, blood, or urine) after being lawfully arrested for DUI (Implied Consent Law).

The Critical 10-Day Deadline for Administrative Appeal

The single most important deadline after a DUI arrest is for the administrative license suspension case. To fight the ALS, you must request an administrative hearing with the Alabama Law Enforcement Agency (ALEA) within a very short timeframe:

You have only 10 days from the date you receive the notice of suspension (usually the date of arrest) to request an administrative hearing.

Failing to submit a written request for a hearing—which must be received by ALEA or postmarked within 10 days—will result in an automatic waiver of your right to the hearing and judicial review. A DUI defense legal expert can file this request immediately to ensure the deadline is met and to begin building your defense against the suspension.

The Administrative Hearing and Sole Issues

If requested on time, the hearing will be scheduled quickly, generally within 30 days. This proceeding is held before an agent of the Secretary of ALEA, not a criminal court judge. The scope of the hearing is narrow; the sole issues to be determined by a preponderance of the evidence are:

1. Whether the person drove or was in actual physical control of a motor vehicle with 0.08% or more by weight of alcohol in the blood.
2. Whether the person refused a test after being lawfully arrested for DUI.

Appealing the Administrative Decision: Judicial Review

If you attend the administrative hearing and receive an adverse ruling (i.e., the suspension is upheld), you still have a right to challenge that decision. This is done through a process called Judicial Review, which is essentially an appeal filed with the Circuit Court in the county where you were arrested.

Deadline for Judicial Review:

You must file a lawsuit in the Circuit Court within 30 days after the administrative hearing ruling is rendered. The appeal challenges the administrative decision made by the ALEA, not the criminal conviction itself.

Appealing a Criminal DUI Conviction

Appealing the criminal conviction follows a separate timeline and procedure, challenging the verdict itself rather than the administrative license action. The appeal process varies depending on the court of conviction:

• Municipal or District Court Conviction: You generally have 14 days from the conviction date to file a written Notice of Appeal to the Circuit Court. This appeal results in a trial de novo (a completely new trial) where you have the right to a jury.
• Circuit Court Conviction: Appeals from the Circuit Court are filed with the Alabama Court of Criminal Appeals, and the Notice of Appeal must typically be filed within 42 days of the sentencing or the denial of a post-trial motion.

Common Grounds for Criminal Appeal

A criminal appeal must be based on legal or procedural errors that affected the outcome of the trial. Simply disagreeing with the verdict is not enough. Grounds for a successful criminal appeal may include:

• The trial court made a serious error of law (e.g., incorrect jury instructions or miscalculating the sentence).
• Ineffective assistance of counsel: The representation provided by the trial legal expert fell below an objective standard and prejudiced the case.
• Improper admission or exclusion of evidence.
• Constitutional violations, such as an unlawful search or seizure.
• Prosecutorial or juror misconduct that prejudiced the defendant’s right to a fair trial.

Summary of Key Actions and Deadlines

Navigating the Alabama DUI appeal process requires swift, strategic action. Here are the crucial points to remember:

1. Administrative Hearing: You have only 10 days from the arrest date to request an administrative hearing with ALEA to prevent the initial license suspension.
2. Judicial Review (Administrative Appeal): If the administrative hearing ruling is adverse, you have 30 days to file a lawsuit in the Circuit Court to appeal that decision.
3. Criminal Conviction Appeal: The deadline to appeal a DUI conviction is 14 days from Municipal/District Court to Circuit Court, or typically 42 days from Circuit Court to the Court of Criminal Appeals.
4. Expert Assistance: Due to the complexity and strict deadlines, consulting with an Alabama DUI defense legal expert immediately after arrest is essential to protect both your criminal case and your driving privileges.

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Frequently Asked Questions (FAQ)

Q1: Is my administrative license suspension the same as my criminal DUI case?

A: No. They are entirely separate matters. The administrative case deals only with your driving privilege and is handled by the Alabama Law Enforcement Agency (ALEA), while the criminal case determines guilt for the DUI charge in the court system.

Q2: What is the AST-60 form?

A: The AST-60 is the form an arresting officer issues that acts as your official Notice of Intended Suspension for your license. It may also serve as a temporary 45-day driver’s license.

Q3: What are the reinstatement fees for an alcohol-related suspension in Alabama?

A: The fee required by the Alabama Law Enforcement Agency (ALEA) to reinstate a license suspended or revoked for an alcohol/drug-related offense is $275.

Q4: What if I miss the 10-day deadline to appeal the suspension?

A: If the 10-day period passes, you generally waive your right to an administrative hearing and judicial review, and the suspension will typically go into effect after the 45-day temporary license period expires. While there may be other post-conviction remedies, immediate action is critical.

Q5: Can I get my license back if the criminal DUI charge is dismissed or I am acquitted?

A: If your license was suspended only due to the ALS action (per se suspension) and the criminal charge is later dismissed or you are found not guilty, ALEA shall rescind the suspension order and remove the administrative suspension from your record.

Disclaimer: This blog post, generated by an AI, provides general informational guidance on Alabama DUI appeal and license suspension processes. It is not intended as a substitute for professional legal advice, nor does reading it create an attorney-client relationship. Laws change frequently, and individual circumstances vary. You must consult with a qualified Alabama DUI defense legal expert immediately to address your specific case, especially regarding the crucial 10-day deadline.

Protecting your right to drive and ensuring a robust defense requires acting quickly and decisively. Do not delay in seeking assistance from a skilled legal expert.

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