Alabama DUI License Suspension

Having your driver’s license suspended can happen because of several circumstances surrounding a DUI (driving under the influence) charge.

Alabama DUI License Suspension
If you are stopped by a police officer and refuse to take a breath test if requested, your license is automatically suspended for 90 days, even if you are not ultimately convicted of DUI. If the chemical test (breath, blood, or urine) indicates a blood-alcohol content (BAC) of .08 percent or more, your license is automatically suspended as well. This is administered by the Department of Motor Vehicles (DMV) and is a separate situation from the DUI charges. Within ten days an administrative hearing must be scheduled for defending these matters. You can then appeal if a decision is made to suspend your license.

‘Zero tolerance laws’ target under-age drivers. In Alabama, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.

Mr. Polson
Mr. Polson
Winning DUI Cases for Over a Decade
Implied consent is a legal procedure designed to legally discourage you from refusing to submit to breath, blood, or urine testing to determine your level of intoxication through your blood-alcohol content (BAC) if an officer suspects you are under the influence. When a driver signs for a driver’s license, that signature on forms is an agreement that the driver will comply with certain requirements if asked by the police.

While some states mandate more severe punishment for those convicted of DUI with a particularly high BAC, Alabama does not have such laws.

It is often argued that being subjected to criminal action for DUI and having your license suspended as well is ‘double jeopardy.’ However, because the license suspension is an administrative action by the DMV rather than a criminal issue, double jeopardy does not apply.

Suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles) is 90 days for the first offense; for the second offense, one year; for the third offense, three years.

License suspension or revocation is a serious penalty. Your job will be affected if you are a professional driver of any type, including driving a company vehicle. Revocation of your license would prevent you from getting a CDL (commercial driver’s license), and your insurance rates can be affected.

A restricted license may be obtained by a driver who loses his or her license. This allows travel to specific destinations such as work and school.