Is the administrative license suspension the same as the suspension after a conviction?

No. Alabama has two suspensions. The administrative suspension is automatic and begins 45 days after arrest if not challenged within 10 days. The conviction suspension is mandatory only after a plea or finding of guilt in the criminal court. While they are separate, the periods may sometimes run concurrently or be modified (e.g., through an IID).

What is the AST-60 form?

The AST-60 is the gold, 8½” x 11” paper typically issued by the arresting officer. It serves as your official notice of intended suspension and acts as a temporary driving permit for 45 days. This document contains the information necessary to file your 10-day administrative hearing request.

If I win my criminal DUI case, is my license automatically reinstated?

Generally, yes, if the suspension was for a Per Se violation (BAC over limit). If you are acquitted of the DUI charge, your driving record can be cleared of the administrative action and any reinstatement fee waived. However, if your administrative suspension was for refusing a test, the refusal suspension remains on your record even if you are later acquitted of the DUI charge.

Can I get a Hardship License in Alabama after a DUI conviction?

No. A person who has been convicted or adjudicated of DUI under Alabama Code Section 32-5A-191 is specifically ineligible to apply for a standard hardship license. The primary way to regain limited driving privileges is through the installation of an approved Ignition Interlock Device (IID).

Does the state stack multiple suspension periods?

While it may be attempted, legally, the suspension for the BAC (Per Se) will typically replace any later suspension you get from a conviction. Suspensions are generally not 'stacked,' meaning you are not suspended twice for the same incident, though you can face two different, non-overlapping suspensions (e.g., one for refusal, then one for a later conviction).

Categories: Court Info

Alabama DWI License Suspension: Your 10-Day Deadline Guide

Meta Description: If you are facing an Alabama DUI (or DWI) charge, you have a critical 10-day deadline to save your driving privileges. This guide explains the process for the administrative license suspension, the separate bail hearing, and how to challenge the loss of your license.

Navigating Alabama’s Dual DUI Penalty System: License Suspension vs. The Criminal Case

An arrest for Driving Under the Influence (DUI), often referred to as DWI in other jurisdictions, in Alabama triggers two distinct legal battles: the criminal case and the administrative license suspension case. Understanding the difference is not just important—it is essential to protect your driving privileges.

The criminal case deals with potential fines, jail time, and mandatory substance abuse programs. The administrative case, handled by the Alabama Law Enforcement Agency (ALEA), focuses solely on your right to drive. Crucially, the outcome of your administrative license case is entirely separate from the outcome of your criminal DUI bail hearing and subsequent trial.

The Administrative Clock: The Critical 10-Day Deadline

Following an arrest for DUI in Alabama, the most time-sensitive action you must take is related to your driver’s license. This is governed by Alabama’s Implied Consent Law. If you either refused a chemical test (breath, blood, or urine) or tested at a blood alcohol concentration (BAC) of 0.08% or higher, the arresting officer likely confiscated your physical license and issued you a temporary driving permit, typically the AST-60 form.

⚠ Key Deadlines You Cannot Miss

10 Days: You have only ten (10) days from the date of arrest (or the date of the notice of intended suspension) to formally request an administrative hearing with the ALEA to contest the suspension.
45 Days: The temporary driving permit (AST-60) is typically valid for 45 days after the arrest. If you fail to request the administrative hearing within the 10-day window, your license suspension automatically begins after this 45-day period.
30 Days: If a hearing is requested, it must be scheduled to be held within 30 days of the request filing.

Administrative Suspension Grounds: Per Se vs. Refusal

An administrative suspension is triggered by one of two primary grounds based on the Implied Consent Law:

Per Se Suspension: Driving with a BAC of 0.08% or greater (or 0.02% for drivers under 21, or 0.04% for commercial drivers).
Refusal Suspension: Refusing to submit to a chemical test (breath, blood, or urine) after being lawfully arrested for DUI and instructed by an officer to do so.

The length of the administrative suspension varies based on prior “contacts” (DUI convictions or previous administrative suspensions/refusals) within the past five years.

Contact Number	Per Se Suspension Length (BAC ≥ 0.08%)	Refusal Suspension Length
First	90 Days	90 Days
Second	1 Year	1 Year
Third	3 Years	3 Years

The Role of the Administrative Hearing

If you request a hearing within 10 days, you are granted a chance to contest the suspension before an ALEA hearing officer. This is a formal, evidence-based proceeding, separate from your initial bail hearing, which typically happens shortly after arrest to determine release conditions and bond.

ℹ Focus of the Administrative Hearing

The hearing is highly focused. The sole issues to be determined by a preponderance of the evidence are:

Whether the person was driving or in actual physical control of a motor vehicle.
Whether the person was lawfully arrested for DUI.
Whether the person drove with a BAC of 0.08% or more; OR whether the person refused the chemical test after being properly requested to do so.

⚠ Caution: The Bail Hearing Myth

It is a common and dangerous misunderstanding that the initial bail hearing or arraignment in the criminal court addresses the license suspension. It does not. The criminal court’s primary function is to manage the criminal charge and set bail. Missing the 10-day administrative hearing deadline while focusing on the criminal bail process will result in an automatic license suspension, regardless of the pending criminal charges.

Challenging the Suspension and Exploring Alternatives

Winning the administrative hearing results in the suspension being rescinded. However, if the ALEA hearing officer upholds the suspension, you still have recourse. You may challenge the administrative decision by filing a lawsuit in the Circuit Court of the county where you were arrested for Judicial Review. This must be done within 30 days of the adverse administrative ruling.

A highly skilled Legal Expert can challenge the administrative suspension on various procedural grounds, such as:

The arresting officer failed to follow proper protocol in administering the test or issuing the suspension notice (AST-60).
Issues with the breathalyzer calibration or maintenance records.
Lack of probable cause for the initial traffic stop or arrest.

Case Focus: Ignition Interlock Device (IID)

For a first-time DUI conviction, Alabama law allows an offender to substitute the mandatory 90-day post-conviction license suspension by electing to have an approved Ignition Interlock Device (IID) installed in their vehicle for 90 days (or 12 months in some cases). This device allows you to continue driving while fulfilling the penalty requirement. Note that this is a separate consideration from the administrative suspension, although a Legal Expert will address both in a comprehensive defense strategy.

Summary: Immediate Steps to Protect Your Driving Privilege

Protecting your right to drive after an Alabama DUI arrest requires immediate, strategic action. Do not delay, as your license is often in jeopardy long before your criminal trial date.

Contact a Legal Expert Immediately: The 10-day administrative deadline is extremely strict and is the first priority.
Request the Administrative Hearing: Your Legal Expert must file a written demand to the ALEA Driver License Division within 10 days of your notice of suspension (usually the date of arrest/AST-60 form).
Understand the Separation: Recognize that the administrative case (license) is separate from the criminal case (DUI charge, bail hearing) and must be fought independently.
Prepare for the Hearing: If a hearing is granted, your Legal Expert will use this venue to challenge the lawfulness of the stop, the arrest, and the BAC results or refusal allegation.

Post Summary: Alabama DUI License Deadlines

A DUI arrest in Alabama initiates a two-track legal process. The administrative license suspension is triggered by the Implied Consent Law—either by blowing over the legal limit (Per Se) or refusing the test (Refusal). The single most important deadline is the 10-day window to request an administrative hearing with ALEA to prevent the automatic suspension that takes effect after 45 days. This hearing is completely separate from the criminal bail hearing. A Legal Expert is critical to navigating these tight deadlines and challenging the suspension on legal and procedural grounds.

Frequently Asked Questions (FAQ)

Q: Is the administrative license suspension the same as the suspension after a conviction?: A: No. Alabama has two suspensions. The administrative suspension is automatic and begins 45 days after arrest if not challenged within 10 days. The conviction suspension is mandatory only after a plea or finding of guilt in the criminal court. While they are separate, the periods may sometimes run concurrently or be modified (e.g., through an IID).
Q: What is the AST-60 form?: A: The AST-60 is the gold, 8½” x 11” paper typically issued by the arresting officer. It serves as your official notice of intended suspension and acts as a temporary driving permit for 45 days. This document contains the information necessary to file your 10-day administrative hearing request.
Q: If I win my criminal DUI case, is my license automatically reinstated?: A: Generally, yes, if the suspension was for a Per Se violation (BAC over limit). If you are acquitted of the DUI charge, your driving record can be cleared of the administrative action and any reinstatement fee waived, though you may still have to pay a fee if the administrative suspension had already run its course. However, if your administrative suspension was for refusing a test, the refusal suspension remains on your record even if you are later acquitted of the DUI charge.
Q: Can I get a Hardship License in Alabama after a DUI conviction?: A: No. A person who has been convicted or adjudicated of DUI under Alabama Code Section 32-5A-191 is specifically ineligible to apply for a standard hardship license. The primary way to regain limited driving privileges is through the installation of an approved Ignition Interlock Device (IID).
Q: Does the state stack multiple suspension periods?: A: While it may be attempted, legally, the suspension for the BAC (Per Se) will typically replace any later suspension you get from a conviction. Suspensions are generally not “stacked,” meaning you are not suspended twice for the same incident, though you can face two different, non-overlapping suspensions (e.g., one for refusal, then one for a later conviction).

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Disclaimer and Safety Compliance Notice:

This blog post is generated by an Artificial Intelligence model based on publicly available legal information and is for informational purposes only. It does not constitute legal advice. DUI law is complex and time-sensitive. You should consult a qualified Legal Expert immediately to discuss the specific facts of your case, as deadlines (such as the 10-day administrative deadline) are strictly enforced. Laws cited, such as Alabama Code § 32-5A-307 and § 32-5A-191, are based on current available versions but may be subject to future legislative change. All references to personal cases are anonymized or hypothetical for educational purposes.

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