License Suspension

Your driver’s license can be suspended before your DUI case goes to trial. In fact, most people charged with DUI have their driver’s license suspended before they have a trial on their DUI case.  Your driver’s license can be suspended by the Alabama Department of Public Safety merely because you were arrested for DUI and …

  1. The breath test you were given shows your blood alcohol level to be over a certain level, or
  2. The police say you refuse to take a breath test.

The suspension periods vary from ninety (90) days to five (5) years.

Usually the officer who arrests you will take your license from you at the police station or jail and give you a gold, 8½” x 11” piece of paper that is called an “AST-60” form.  You should see “AST-60” printed on the bottom left of the form.  In most cases involving Alabama licenses, if your license was current at the time of your arrest, the AST-60 form may act as a temporary driver’s license you can use to drive for 45 days after your arrest.  However, after 45 days your license may be suspended.

Our attorneys can obtain a hearing for you to contest the suspension of your driver’s license. However, YOU ONLY HAVE 10 DAYS from the date of your arrest to request this hearing.  These hearings are held at the Department of Public Safety.  If the Department rules against you following the hearing, you have a right to appeal the Department’s decision to the circuit court of the county where you were arrested.

It is important that you understand that this type of driver’s license suspension case is separate from your DUI case, and it is not handled by the criminal court that handles your DUI charge.  Instead, this driver’s license suspension case is handled within the Alabama Department of Public Safety, which is the administrative agency of the State of Alabama that issues driver’s license.  This type of case is often called an “Administrative Driver’s License Suspension” case.

We would be glad to discuss your Driver License Suspension case with you. In the majority of cases, we are able to reduce the length of the driver’s license suspension.  In many cases we are able to get the Department to remove the fact that our client’s license was suspended from the client’s driving record.

Grounds for Suspension

DUI related driver's license revocation or suspension actions are instituted by the Director of Public Safety for

  1. Driving or being in control of a motor vehicle with blood alcohol level of:
    a. .08 or above (all persons);
    b. .02 or above (under 21);
    c. .02 or above (school bus or day care drivers while performing duties);
    d. .04 or above (commercial driver); and for
  2. Refusing test as directed by officer to determine blood alcohol level.

 

Procedure

  1.  Arresting officer issues notice of suspension or revocation at time of arrest (AST-60).  
  2. Arrestee may request
    a. Administrative Review, and/or
    b. Administrative Hearing - MUST REQUEST HEARING WITHIN 10 DAYS IN ORDER TO GET JUDICIAL REVIEW.
  3. Arrestee may appeal adverse ruling to Circuit Court for Judicial Review within thirty (30) days after ruling of administrative hearing.

    *ARTICLE 32 of Chapter 5A, Title 308, Code of Alabama 1975, effective August 9, 1996 (as amended through 1999 Regular Legislative Session

 

Suspension Period

Suspension periods vary from ninety (90) days to five (5) years - depending on driver's age, license category, and driving record.