Meta Description: Understand the critical 10-day deadline to file a request for an administrative hearing to contest your Alabama DUI driver’s license suspension. Learn the difference between criminal motions and administrative rescission procedures.
Few things create immediate, urgent panic following a DUI arrest in Alabama like the realization that your driver’s license may be suspended almost instantly. The state of Alabama treats your DUI charge as
While the term “
The Critical 10-Day Administrative Clock (The Real Motion to Dismiss)
In Alabama, the clock starts ticking the moment you are arrested for DUI and either test over the legal limit (a “per se” suspension) or refuse a chemical test (a “refusal” suspension). The arresting officer will typically issue a form, often referred to as the AST-60 (Notice of Intended Suspension). This document serves as your temporary driving permit for 45 days, but it also contains the notice that your license will be suspended on the 46th day.
Legal Expert Tip: Immediate Action is Mandatory
You have an absolute deadline of
The administrative hearing is your primary, immediate defense to prevent the suspension from taking effect. It is the administrative equivalent of a preliminary challenge, or a “motion to dismiss,” for the license action.
Grounds for Challenging the Administrative Suspension
The administrative hearing before ALEA (or its authorized agent) is not a trial about your guilt or innocence for the criminal DUI. Instead, the Alabama Code strictly limits the issues that can be debated:
- Did the arresting officer have lawful grounds to make the arrest for DUI?
- Did the driver operate or have actual physical control of a motor vehicle while having 0.08 percent or more by weight of alcohol in the blood? (For BAC test results)
- Did the driver refuse to submit to a chemical test as provided under Alabama’s Implied Consent Law (§ 32-5-192)? (For refusal suspensions)
A skilled legal expert will file the request for a hearing and use this venue to look for procedural errors in the arrest, the advisory of rights, or the administration of the chemical test. If the officer or the state cannot prove these elements by a
Case Box: Procedural Failure
In one administrative scenario, a driver’s license suspension was challenged when the arresting officer failed to properly administer the required warnings about the consequences of refusing the breath test, as mandated by the implied consent law. By demonstrating a significant procedural misstep by the arresting agency, the legal expert successfully argued that the state could not meet its burden of proof, leading to the
The Role of the Criminal Motion to Dismiss on License Status
A “Motion to Dismiss” in the criminal DUI case addresses issues like insufficient evidence, violation of the right to a speedy trial, or double jeopardy. A dismissal or acquittal in the criminal court has a direct and highly favorable impact on the administrative license suspension,
| Criminal Outcome | Initial Suspension Reason | Administrative License Status |
|---|---|---|
| Dismissal, Acquittal, or Nol Prossed | BAC of 0.08% or greater (Per Se) | Director MUST rescind the suspension order. |
| Dismissal, Acquittal, or Nol Prossed | Refusal to Test (Refusal Suspension) | Suspension is |
| Criminal Conviction | BAC of 0.08% or greater (Per Se) | Suspension or revocation imposed by court is credited against the administrative suspension (no “stacking” of penalties). |
CAUTION: The Refusal Suspension Stays
If your license was suspended for refusing the chemical test, and your criminal DUI case is later dismissed, the administrative refusal suspension (which can be 90 days to 5 years) generally
Judicial Review and Appealing an Administrative Loss
If you lose the administrative hearing—meaning the hearing officer determines that the suspension should be upheld—you still have a path to challenge the decision:
Under Alabama Code § 32-5A-307(f), any person who is denied a license, or whose license is canceled, suspended, or revoked by the Secretary of ALEA (unless mandatory by law) has the right to file a petition for a hearing in the Circuit Court. The deadline for this appeal is
When appealing to the Circuit Court, the party filing the petition (the driver) has the burden of proof, and the agency’s decision is often presumed correct as a matter of law. Your legal expert will use this court action to argue that the administrative decision was arbitrary, legally incorrect, or based on insufficient evidence, often filing a motion to stay the suspension while the appeal is pending.
A formal
Summary of the Three-Step Process
How to Fight DUI License Suspension (The “Motion” Strategy)
- Immediate Administrative Action: Within 10 days of arrest, file a written request for an administrative hearing with ALEA (the initial “motion to dismiss” equivalent).
- The Criminal Dismissal Trigger: If the criminal DUI charge is later dismissed or acquitted, immediately petition ALEA to officially rescind any
per se suspension order. - Judicial Review Appeal: If the administrative hearing decision is negative, file a petition for judicial review (appeal) in the Circuit Court within 30 days to obtain a final court order overturning the suspension.
Final Action Card: Protecting Your Privileges
Your driver’s license suspension is a separate punishment from your criminal case, with a drastically accelerated timeline.
- The 10-day deadline is non-negotiable and represents your single best chance to dismiss the administrative suspension pre-conviction.
- A qualified Alabama Legal Expert is essential to navigate the complex dual process and to ensure the proper procedural steps are taken in both the administrative and judicial settings.
Act Fast, The Clock is Running.
FAQ: Alabama DUI License Suspension
Q1: Is my license suspension automatic after a DUI arrest?
Yes, the administrative suspension is initiated automatically either by testing above 0.08% or by refusing the test. The suspension is delayed for 45 days, during which you must request an administrative hearing to contest it.
Q2: Does winning the criminal case get my license back automatically?
Not always. If you were suspended for refusing a test, a criminal dismissal may not automatically restore your license. However, if your suspension was based on a BAC of 0.08% or higher, the ALEA Director must rescind the suspension order upon receiving evidence of an acquittal, dismissal, or
Q3: What are the suspension periods for a first offense?
A first-offense DUI conviction results in a 90-day suspension, which may be converted to a requirement to install an ignition interlock device (IID) for 90 days. A first-time refusal suspension is 90 days, but is separate from the conviction suspension.
Q4: Can I get a hardship license in Alabama?
Generally, no. Alabama law does not authorize the issuance of a temporary, limited, or “hardship” driver’s license to a person suspended or revoked due to a DUI or Administrative License Suspension (ALS).
Q5: What is the AST-60 form?
The AST-60 is the official “Notice of Intended Suspension” form issued by the arresting officer. It serves as a temporary license for 45 days and provides notice of the 10-day deadline to request a hearing.
AI Generation and Legal Disclaimer: This blog post was generated by an AI assistant to provide general information and is not a substitute for consulting with a qualified Legal Expert. Legal outcomes depend on specific facts and applicable law. Always consult with a licensed Alabama DUI Legal Expert for advice regarding your individual case and legal strategy.
For the most successful outcome in both your criminal DUI case and your administrative license suspension, contact a Legal Expert immediately to ensure all deadlines, especially the critical 10-day administrative hearing request, are met.
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Please consult a qualified legal professional for any specific legal matters.