Alabama DWI Verdict: License Suspension & IID Rules

A Driving While Intoxicated (DWI), or Driving Under the Influence (DUI), charge in Alabama triggers a cascade of consequences, with one of the most immediate and impactful being the threat to your driving privileges. Understanding the precise duration and mechanism of an Alabama driver’s license suspension after a DWI conviction is essential, as the loss of the ability to drive can severely impact your employment and daily life.

The Dual-Track License Suspension Process

In Alabama, a DUI arrest initiates two separate legal processes that can lead to the loss of your driver’s license: the administrative action and the criminal conviction.

1. Administrative License Suspension (ALS)

The administrative suspension is managed by the Alabama Law Enforcement Agency (ALEA), formerly the Department of Public Safety (DPS), and begins before you are even convicted in court.

2. Suspension for Refusal to Test (Implied Consent)

Alabama’s implied consent law states that by operating a vehicle, you consent to chemical testing (breath or blood) if an officer has reasonable suspicion of intoxication. Refusing to submit to a test triggers an immediate and mandatory suspension:

• First Refusal: 90-day license suspension.
• Second Refusal (within 10 years): 1-year suspension.

This penalty is separate from any court conviction and must be served, with no eligibility for an interlock-restricted license during that period for a first refusal.

Driver’s License Penalties Upon DUI/DWI Conviction

Once you are convicted in the criminal court system, the Alabama State Law Enforcement Agency (ALEA) is notified, and your driver’s license is subject to a mandatory suspension or revocation under Alabama Code § 32-5A-191. The severity of the penalty is determined by the number of prior convictions within a relevant “look back” period, typically 10 years for misdemeanors, though lifetime for felony offenses.

Offense Number	License Action	Mandatory IID Requirement
First Conviction	90-day suspension	6 months (Suspension may be stayed if IID is installed)
Second Conviction (within 10 years)	1-year revocation	2 years
Third Conviction (within 10 years)	3-year revocation	3 years
Fourth or Subsequent (Felony)	5-year revocation	4 years

Aggravating Factors That Increase Penalties

In addition to prior offenses, certain circumstances surrounding the DWI/DUI conviction can significantly enhance the penalties, including the length of the license revocation and the required IID period.

• High Blood Alcohol Concentration (BAC): A BAC of 0.15% or higher typically subjects the offender to double the minimum penalties for that offense level.
• Child in Vehicle: If a child under the age of 14 was a passenger during the offense, the penalties are increased, and a first-time offense may result in a one-year license suspension.
• Injury or Death: If the offense resulted in injury or death, the charges may be elevated, leading to much harsher, even felony, consequences, and extended license revocation.

Restoration and Reinstatement Requirements

Reinstating your driving privilege in Alabama is not automatic once the suspension or revocation period ends. The process typically requires several steps and associated costs, which include:

1. Serving the full suspension/revocation period.
2. Completing a mandatory court-referral DUI education program (Level I or Level II).
3. Undergoing a substance abuse evaluation and complying with any recommended treatment.
4. Filing and maintaining proof of SR-22 insurance (high-risk coverage) with ALEA for approximately three years after the license is restored.
5. Payment of all reinstatement fees and fines.

Summary: Key Takeaways on Alabama DWI License Suspension

The Alabama DWI legal process is complex, involving both criminal court and administrative agency actions. Navigating these requires a clear understanding of the deadlines and mandatory penalties.

1. The license suspension process begins immediately upon arrest with an Administrative License Suspension (ALS) procedure, independent of the court verdict.
2. You have only a 10-day deadline from the arrest date to request an administrative hearing to contest the ALS and prevent suspension on day 46.
3. A first DUI conviction carries a mandatory 90-day license suspension, which can be avoided by installing an Ignition Interlock Device (IID) for a total of six months.
4. Subsequent DUI convictions result in significantly longer license revocations (1 year, 3 years, 5 years) and require mandatory IID installation for multiple years.
5. Refusal to submit to a chemical test results in a mandatory, separate 90-day license suspension and an IID requirement.

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Frequently Asked Questions (FAQ)

Protecting your driving privileges after an Alabama DWI/DUI charge requires immediate, informed action. Understanding the administrative deadlines and the escalating criminal penalties is the first step toward a strong defense.

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