Categories: Court Info

Alabama Suspended License: Arrests & Parole Violation Risks

Q: Can I go to prison for driving on a suspended license if I'm on parole?

Yes. The arrest for Driving While Suspended constitutes a parole violation. This violation can lead to a formal parole revocation hearing by the Alabama Parole Board, which can result in you being sent back to prison to serve the remainder of your original sentence (Alabama Code § 15-22-76), in addition to any penalties for the new traffic charge.

Q: How long do I have to request a parole revocation hearing?

Upon receipt of the parole officer's report detailing the violation, the Parole Board 'shall set a hearing date.' A Legal Expert must be engaged immediately upon arrest to prepare a defense for the administrative hearing where your parole status will be decided.

Q: What if I just forgot my license at home?

If you have a valid Alabama license but failed to have it in your possession (Ala. Code § 32-6-9), the offense is less severe. The charge can typically be dismissed if you produce your valid license to the court or law enforcement agency and pay a fine.

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Understand the severe consequences of driving without a license in Alabama, especially while on parole. Learn about the misdemeanor and felony penalties under Alabama Code § 32-6-19, the risk of vehicle impoundment, and how a new arrest can trigger a parole revocation hearing under § 15-22-76, potentially sending you back to prison. Seek guidance from a Legal Expert immediately to protect your driving privileges and freedom.

Driving is often a necessity for work, family, and daily life. However, if your driving privilege has been suspended, revoked, or you simply never obtained a license, getting behind the wheel in Alabama can have serious legal consequences. For individuals currently under supervision, such as parole or probation, a new arrest for a traffic offense can dismantle your fragile progress and lead to the revocation of your freedom.

This post clarifies the specific Alabama laws governing unlicensed driving and details the immediate and far-reaching implications a related arrest can have, particularly regarding parole status.

Distinguishing Unlicensed Driving in Alabama

Alabama law differentiates between two main scenarios for driving without a license, with drastically different penalties:

Offense Category	Alabama Code Section	Typical Penalties
1. Unlicensed Driving (Never Licensed/Expired)	§ 32-6-18	Misdemeanor, Fine of $10 to $100 plus a $50 traffic fund penalty.
2. Driving While Suspended or Revoked (DWS/DWR)	§ 32-6-19	Misdemeanor, Fine of $100 to $500, up to 180 days (6 months) in jail.

While a simple ‘license not in possession’ may be dismissed if a valid license is produced, the charge for Driving While Suspended or Revoked (DWS/DWR) is a serious criminal misdemeanor with potential jail time and is the primary concern for those on parole or probation.

💡 Legal Expert Tip: License Status

Always confirm your license status with the Alabama Law Enforcement Agency (ALEA) before driving. A suspension is not automatically reinstated; a reinstatement fee and other requirements must typically be met first. Driving a single day after the suspension period ends but before reinstatement is still a violation of § 32-6-19.

Consequences of an Arrest for Driving While Suspended (Ala. Code § 32-6-19)

The penalties for a conviction under § 32-6-19 are significant, even for a first offense:

Criminal Misdemeanor: A conviction carries a fine between $100 and $500, plus court costs, and a jail sentence of up to 180 days (6 months).
Vehicle Impoundment: The arresting officer is directed to immediately have the vehicle towed and impounded. The owner must pay all towing and storage costs to retrieve it.
Additional Revocation: The Director of Public Safety can, at their discretion, add an additional six months to the period of suspension or revocation.
Felony Enhancement: If the original suspension or revocation was due to a felony conviction (e.g., Felony DUI or vehicular assault), the DWS/DWR charge itself can be elevated to a felony, with a potential prison sentence of up to 10 years.

The Critical Link: DWS Arrest and Parole Revocation

For individuals currently on parole in Alabama, an arrest for Driving While Suspended or Revoked is not just a new criminal charge; it is a direct violation of parole conditions and the most immediate risk to your freedom.

Alabama Law on Parole Violation and Arrest

⚖️ Statutory Authority (Alabama Code § 15-22-76)

The law states that “At any time during the period of parole the parolee may be arrested for the violation of any condition of his parole, and after a hearing by the board his parole shall be subject to revocation.”

Crucially, “Any parole officer, police officer or other law enforcement officer may arrest a parolee with or without a warrant for the violation of any condition of his parole.”

How DWS Triggers Revocation Proceedings

Violation of Law: Parole conditions universally require the parolee to obey all municipal, state, and federal laws. Since DWS/DWR is a criminal misdemeanor (or potential felony), the arrest itself provides the necessary probable cause for a parole violation.
Arrest and Detention: The law enforcement officer making the traffic stop can simultaneously arrest the individual for the DWS/DWR charge and flag the arrest as a parole violation. The individual may be detained immediately without bond or held on a “parole violation hold.”
Parole Revocation Hearing: The parole officer submits a written report of the violation to the Parole Board. The Board then sets a hearing date to determine if parole should be revoked.
The Outcome: If the Parole Board determines a violation occurred, they may revoke parole. If revoked, the parolee must serve the remainder of their original sentence, meaning the time on parole is not credited. This can result in a lengthy return to prison, in addition to any sentence received for the new DWS/DWR charge.

⚠️ Cautionary Case Scenario

Case: “John D.” is on parole for a Theft of Property conviction. He is pulled over for a traffic stop and found to be driving with a license suspended from an earlier unpaid ticket. He is arrested under § 32-6-19.

He now faces up to 180 days in jail for the DWS charge.
The DWS arrest is a direct parole violation.
He faces a parole revocation hearing where the Parole Board can send him back to prison to serve the remainder of his original Theft sentence.

Summary: Immediate Steps After an Arrest

If you or someone you know is on parole and has been arrested for a license-related driving offense in Alabama, time is of the essence. You are facing two separate legal proceedings: the new criminal charge and the parole revocation process.

Invoke Your Rights: Politely state that you wish to remain silent and request a Legal Expert. Do not answer questions about your license status or knowledge of the suspension without counsel present.
Contact a Legal Expert Immediately: A skilled Alabama criminal defense and parole Legal Expert must address both the new criminal DWS/DWR charge and the impending parole revocation hearing.
Challenge the DWS Charge: Successfully defending or mitigating the DWS/DWR charge may significantly strengthen your case against parole revocation. A Legal Expert can challenge evidence, explore alternative resolutions, and look for procedural errors.
Prepare for the Parole Board: A Legal Expert can represent you at the revocation hearing, presenting evidence and arguments in your defense to convince the Parole Board not to revoke your parole.

Post-Arrest Defense Card

A conviction for driving on a suspended license (DWS) in Alabama can result in jail time and license loss. If you are also on parole, the consequences escalate, putting your freedom at severe risk. The legal intersection of Alabama Code § 32-6-19 and the parole revocation process under § 15-22-76 requires specialized and immediate legal attention. Do not attempt to navigate these complex state courts and administrative procedures alone; your liberty depends on informed action.

Frequently Asked Questions (FAQ)

Is driving while suspended a misdemeanor or felony in Alabama?

For a first offense, driving while suspended or revoked (Ala. Code § 32-6-19) is generally a criminal misdemeanor, punishable by a fine and up to 180 days in jail. However, it can be elevated to a felony if the original license suspension was the result of a felony conviction.

Can I go to prison for driving on a suspended license if I’m on parole?

Yes. While the DWS charge itself has a maximum jail sentence of 180 days, the arrest constitutes a parole violation. This violation can lead to a formal parole revocation hearing, and if the Alabama Parole Board revokes your parole, you will be sent back to prison to serve the remainder of your original sentence.

Will my vehicle be impounded for DWS in Alabama?

Yes. Alabama Code § 32-6-19 requires the law enforcement officer to immediately impound a vehicle operated by a person whose license is suspended, revoked, or canceled. The vehicle will not be released until the registered owner pays all towing and storage fees.

How long do I have to request a parole revocation hearing?

The law states that upon receipt of the parole officer’s report detailing the violation, the Parole Board “shall set a hearing date”. While the law does not specify a timeline for the parolee to act on the notice, a Legal Expert must be engaged immediately to gather evidence and prepare a defense for the administrative hearing where your liberty will be decided.

What if I just forgot my license at home?

If you have a valid Alabama license but simply failed to have it in your possession at the time of the stop (Ala. Code § 32-6-9), the offense is less severe, carrying a $100 fine. This charge can typically be dismissed if you produce your valid license to the court or law enforcement agency. This is completely different from driving with a suspended or revoked license.

Important Legal Disclaimer (AI-Generated Content)

This blog post was generated by an Artificial Intelligence and is intended for informational purposes only. It is not a substitute for professional legal advice, diagnosis, or representation. The legal details are based on publicly available statutes (Alabama Code § 32-6-19 and § 15-22-76) and general legal principles as of the date of publication. Laws change frequently, and the application of law to your specific case is highly fact-dependent. If you are facing criminal charges, license issues, or a parole violation hearing in Alabama, you must consult with a qualified and experienced Legal Expert licensed in the State of Alabama immediately. Reliance on this information is at your own risk.

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