Alabama DUI Driving and License Suspension Issues

A DUI offense in Alabama will result in the filing of two separate cases against the DUI offender - a criminal case filed by the state, and a civil case filed by the Alabama Department of Public Safety. Both cases will arise from the same DUI incident. The criminal penalties that are imposed will be served in addition to, and concurrently with, the civil penalties that apply. This section explains the civil penalties and the administrative process. For more information on the criminal aspect of a DUI charge, click on the the tabs labeled "Alabama DUI Process" and "Alabama DUI Penalties."

Alabama Implied Consent Law

In Alabama, driving is considered a privilege, not a right. As such, the state is permitted to attach conditions to the issuance of Alabama driver's licenses. One such condition is the requirement for drivers to submit to a chemical test upon a lawful arrest for DUI. Pursuant to Alabama's Implied Consent Law, individuals who drive within the state are deemed to have given consent to a chemical test of their blood, breath, or urine for purposes of determining BAC. Refusal to comply with a valid request will result in the automatic suspension of the DUI offender's driving privileges for a period of 90 days, unless the offender requests an administrative review hearing (see below) to contest the suspension.

Alabama DUI Administrative License Sanctions

Individuals who refuse to submit to a chemical test are not the only ones who will face administrative penalties. License suspensions will also be given to DUI suspects who submit to a chemical test and "fail" (by providing a result of .08 or higher). The administrative penalties in Alabama for DUI offenders are as follows:

BREATH TEST REFUSAL: 90 day license suspension

DUI FIRST OFFENSE: 90 day license suspension

DUI SECOND OFFENSE: 1 year license revocation

DUI THIRD OFFENSE: 3 year license revocation

DUI FOURTH OR SUBSEQUENT OFFENSE: 5 year license revocation

*NOTE - Alabama does NOT issue work/school hardship permits for DUI offenders who have had their driving privileges suspended. As such, you must contact an experienced attorney in your area as soon as possible following your arrest so that every step possible is taken to fight the suspension of your license.

The Alabama Administrative Suspension Process

Following a DUI chemical test refusal or "failure," the arresting officer will immediately confiscate your driver's license and give you a form (called an AST-60 form) that will serve as your temporary driving permit. The temporary permit will be valid for the 45 days following the date of your arrest. You will have 10 days following your arrest to request an administrative review hearing with the Alabama Department of Public Safety to contest the suspension of your license. The request must be in writing. Failure to timely request a hearing will result in the automatic suspension of your driving privileges in accordance with the penalties listed above.

The administrative review hearing is held in the county in which the DUI offender was arrested. The hearing is held before an authorized agent of the Director of Public Safety, who will act as both judge and jury to make the determination of whether your license suspension should be upheld. Issues concerning the legality of the stop, arrest, and request for a chemical test will be discussed. For refusal cases, whether there was an actual test refusal and whether the motorist was afforded the Implied Consent warning will also be determined. The Director of Public Services has the authority to issue subpoenas, and the police officers involved in the case may be called to testify. If the license suspension is invalidated, the DUI offender's driving privileges will be restored. If the license suspension is upheld, the DUI offender has a right to appeal to the circuit court of the county where the arrest occurred for further review.