Quick Guide: Alabama DUI License Suspension
- Dual Process: A DUI triggers both a criminal case and a separate administrative license suspension (ALS) action.
- Critical Deadline: You have only 10 days from the arrest date to request an administrative hearing with ALEA/DPS to challenge the ALS.
- Temporary Privilege: The arresting officer typically issues a temporary driving permit (often the AST-60 form) valid for 45 days.
- Immediate Suspension: Failure to act within the 10-day window results in the automatic suspension of your license after the 45-day temporary permit expires.
The Two-Front Battle: Administrative vs. Criminal Suspension
Facing a DUI arrest in Alabama means navigating two distinct legal battles simultaneously, both of which can lead to the loss of your driving privileges. It is a crucial misunderstanding that many people believe their license is safe until their court date. In reality, the administrative process is swift and can suspend your license long before the criminal case is resolved.
Administrative License Suspension (ALS): This is handled by the Alabama Law Enforcement Agency (ALEA), formerly DPS. It is a civil matter related to your compliance with the state’s Implied Consent Law.
Criminal Court Suspension: This suspension is ordered by a judge only after a conviction or a guilty plea in the criminal case.
The Critical 10-Day Deadline and Implied Consent
The moment you are arrested for DUI, a clock starts ticking. Alabama’s Implied Consent Law states that by driving on public roads, you consent to chemical testing (breath, blood, or urine) if arrested for DUI. The administrative suspension is triggered if you either:
- Submit to a test and your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.02% for drivers under 21); or
- Refuse to submit to the requested test.
⚠ Caution: The 10-Day Window
If the officer confiscates your license and issues the Notice of Intended Suspension (often on the AST-60 form), you must request an administrative hearing within 10 calendar days of the arrest date. Missing this deadline is the single biggest mistake and results in an automatic, uncontested suspension of your license beginning on the 46th day.
Administrative Suspension Periods (ALS)
The duration of the ALS is determined by the number of prior “alcohol or drug-related enforcement contacts” on your record within the preceding five years, not just DUI convictions.
| Prior Contacts (5 Years) | ALS Suspension Period |
|---|---|
| First | 90 days |
| Second | 1 year |
| Third | 3 years |
| Fourth or More | 5 years |
Tip from a Legal Expert
The ALS suspension for refusing a test is in addition to any later court-ordered suspension if convicted, meaning you could be suspended twice. If you submit to the test, the ALS suspension period will typically be credited against any final conviction suspension.
Court-Ordered Revocations Upon Conviction
If you are ultimately convicted of a DUI in the criminal case, a second set of mandatory suspension or revocation penalties is triggered, often enforced by the court notifying ALEA. These periods are based on the number of convictions within a 10-year period.
| Offense | License Penalty | Ignition Interlock Device (IID) Requirement |
|---|---|---|
| First Conviction | 90-day suspension (may be stayed) | Minimum 90 days/12 months (if elected to stay suspension) |
| Second Conviction (within 10 years) | 1-year revocation | 2 years |
| Third Conviction | 3-year revocation | 3 years |
| Fourth+ Conviction (Felony) | 5-year revocation | 4 years |
A major development in Alabama law allows first-time offenders to substitute the mandatory 90-day suspension by installing an Ignition Interlock Device (IID) in their vehicle for 90 days or longer. This allows the individual to keep driving, albeit with restrictions. Installation of the IID is mandatory for all second offenses and first offenses with a BAC of 0.15% or higher or a test refusal.
Reinstatement: Getting Your Driving Privilege Back
After serving the full suspension or revocation period, reinstatement is not automatic. The Alabama Law Enforcement Agency (ALEA) requires several steps to restore your driving privilege:
- Reinstatement Fees: A fee is mandatory, which is currently $275 for alcohol/drug-related suspensions or revocations, plus a $25 drug-related fee and $150 IID issuance fee, if applicable.
- DUI Education/Treatment: You must complete a mandatory DUI education program or court-ordered substance abuse treatment.
- SR-22 Insurance: You must file and maintain proof of SR-22 insurance (high-risk auto insurance) with ALEA for approximately three years following the revocation period.
Case Note: Out-of-State License Holders
If you hold a driver’s license from another state but were arrested for DUI in Alabama, the state of Alabama will still suspend your driving privileges within Alabama. Furthermore, ALEA will typically notify your home state, which may impose its own corresponding penalties.
Summary: The Three Actions to Take Immediately
The timeline after an Alabama DUI arrest is unforgiving. Taking immediate, informed action is the only way to protect your ability to drive and secure the best possible outcome for your case.
- Contact a Legal Expert Immediately: The 10-day deadline to request the ALS administrative hearing must be met, and a Legal Expert can file this request and begin building your defense on both the administrative and criminal fronts.
- Keep Driving Legally (for now): Treat the temporary permit (AST-60) as your only valid license. Note the 45-day expiration date to understand when your administrative suspension will take effect if not challenged.
- Comply with All Requirements: Do not miss any court-ordered DUI classes or deadlines. Failure to comply with legal obligations, such as IID installation or SR-22 insurance, can result in harsher or extended penalties.
Protecting your driving privilege is paramount, as a suspension can severely impact your employment and daily life.
Final Thoughts
The legal maze following an Alabama DUI arrest is complex, particularly concerning driver’s license suspension. The administrative and criminal cases operate independently, each carrying the power to remove your driving privilege. By understanding the immediate 10-day administrative hearing deadline and the long-term consequences of a conviction, you can take proactive steps to safeguard your mobility and future.
Frequently Asked Questions (FAQ)
Q: Is my license suspended immediately after an Alabama DUI arrest?
A: No, not immediately. The arresting officer typically confiscates your physical license and issues a temporary permit (AST-60 form) valid for 45 days. The administrative suspension only takes effect on the 46th day if you fail to challenge it within the initial 10-day window.
Q: What is the main purpose of the ALS Administrative Hearing?
A: The sole issues at the hearing are typically whether you were lawfully arrested for DUI and whether you drove with a BAC of 0.08% or higher or refused the chemical test. This is an administrative process separate from the criminal case.
Q: Can I get a hardship or work permit during the suspension period?
A: Alabama does not offer “temporary,” “restricted,” or “work permits” while under a standard administrative suspension order. However, a first-time conviction suspension may be stayed (avoided) by installing an Ignition Interlock Device (IID) for a set period.
Q: How much are the reinstatement fees?
A: For an alcohol/drug-related suspension or revocation, the base reinstatement fee is currently $275. There may be additional fees, such as a $25 drug-related fee and a $150 Interlock Issuance Fee, if required.
Q: Is a DUI conviction expungeable in Alabama?
A: No. Under current Alabama legislation, DUI convictions are specifically excluded from the list of misdemeanor convictions that can be expunged.
This content is for informational purposes only and does not constitute legal advice. Laws regarding DUI and license suspension are complex and subject to change (Source: Alabama Code § 32-5A-195 and § 32-5A-307). The information provided here is based on publicly available data and is an AI-generated summary, not a substitute for consultation with a qualified Legal Expert. You should seek personalized advice immediately following any DUI arrest.
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Please consult a qualified legal professional for any specific legal matters.