If you have been arrested for driving under the influence, understanding Alabama DUI license suspension is one of the first and most important things you need to do. Your license could be suspended automatically a certain number of days after your arrest and even before you have your day in court. The clock starts ticking fast, and if you do not act quickly, you could lose your right to drive for months or even years depending on your prior alcohol contacts in Alabama.
At Kreps Law Firm, LLC, we help clients across the state fight Alabama DUI license suspension every single day. Attorney Joseph C Kreps and Attorney Caroline Pruitt Hooten know exactly how the system works and how to protect your ability to drive.
Alabama DUI License Suspension Clock Starts Immediately
When you are arrested for DUI in Alabama, the suspension of your license can begin right away. There are two separate ways this can happen:
- Administrative suspension by the Alabama Law Enforcement Agency beginning 45 days after your arrest
- Court-ordered suspension after a DUI conviction
The administrative process can take effect before your court case is resolved. This means that even if you are later found not guilty, you could still lose your license unless you take action immediately after your arrest.
Alabama DUI License Suspension for Refusing a Test
Under Alabama’s implied consent law, if you refuse to take a breath or blood test after being arrested for DUI, your license will be suspended automatically for at least 90 days. This suspension is mandatory and begins unless you request a hearing within a very short time after your arrest.
If this is your first refusal, you face:
- 90 day suspension for refusing the test
- No eligibility for an interlock-restricted license during that time
If this is your second refusal within 10 years, the suspension increases to 1 year.
Alabama DUI License Suspension After a DUI Conviction
If you are convicted of DUI, the court will notify the Alabama Law Enforcement Agency, which will then suspend or revoke your license administratively according to the law.
Here is what you could be facing:
First offense DUI
- 90 day license suspension
- May be avoided by installing ignition interlock for 90 days
Second offense DUI (within 10 years)
- 1 year license revocation
- Ignition interlock required for 2 years
Third offense DUI
- 3 year revocation
- Ignition interlock for 3 years
Fourth or felony DUI
- 5 year revocation
- Ignition interlock for 4 years
These penalties increase if there are aggravating factors such as a BAC of 0.15 percent or higher, a child in the vehicle, or an accident that caused injury.
How to Fight Alabama DUI License Suspension
You have the right to request an administrative hearing to challenge the automatic suspension of your license. But you must act fast and usually within 10 days of your arrest. If you miss the deadline, your license will be suspended on day 46 whether you are guilty or not.
At Kreps Law Firm, LLC, we file these hearing requests immediately for our clients and guide them throughout the process. Trooper hearings are an administrative formality and options are limited to challenge whether the stop was lawful, whether the officer followed proper procedures, and whether the testing was done correctly. This hearing rarely results in the suspension being lifted or reduced. Also, you don’t want to reveal your cards in most circumstances at this trooper administrative hearing. Following the trooper upholding the suspension, we will file your administrative appeal lawsuit in the circuit court and request a stay of the administrative suspension.
For the bigger DUI defense playbook (challenging the stop, field sobriety tests, breath or blood testing, and more), read How to Beat A DUI.
Restricted Licenses and Ignition Interlock
In some cases, you may be eligible for a restricted license that allows you to drive with an ignition interlock device instead of serving a full suspension. This device requires you to blow into a machine before your vehicle will start. If alcohol is detected, the vehicle will not operate.
Having trouble with the device or accused of a violation (failed start, missed retest, tampering, lockout, or “circumvention”)? See our Alabama Ignition Interlock Device Violation Defense Lawyer page for what to do next.
The length of time you are required to use this device depends on your record, your BAC, and whether you refused testing. Our firm works hard to get clients qualified for the shortest possible interlock period or avoid it altogether when legally allowed.
If you still need to drive for work, school, or medical reasons while your DUI suspension is being handled, see our Alabama Hardship Driver License Lawyer page to learn whether you qualify for limited driving privileges.
Alabama DUI License Suspension and Out-of-State Drivers
If you are licensed in another state but were arrested for DUI in Alabama, the Alabama suspension of your driving privileges will still apply while you are in the state. In addition, Alabama may notify your home state, and you could face penalties there as well. This is especially important for commercial drivers or people who drive for a living.
We routinely help out-of-state drivers protect their driving privileges and navigate the interstate license consequences of an Alabama DUI arrest.
What You Need to Do Now
If you have been arrested for DUI and are facing Alabama DUI license suspension, here is what you need to do immediately:
- Do not ignore the paperwork given to you by the arresting officer
- Call Kreps Law Firm, LLC as soon as possible
- Gather any documentation or notices from the court or law enforcement
- Do not miss your deadline to request a hearing
If you’ve already been charged with driving while suspended or revoked, you need a defense plan immediately, start here.
The administrative side of your DUI case moves quickly, and once the time limitations pass and your license is suspended, it is much harder to undo the damage. Acting fast gives you more options and a better chance of keeping your license.
Talk to Kreps Law Firm, LLC Today
Attorney Joseph C Kreps and Attorney Caroline Pruitt Hooten have the experience, knowledge, and dedication to help you protect your license and fight your DUI charge. Whether you are facing a first offense or have prior convictions, we will stand by you every step of the way and work hard to get you the best possible result.
Do not let Alabama DUI license suspension catch you off guard. Call Kreps Law Firm, LLC now to schedule a confidential consultation. Let us help you stay on the road, protect your record, and move forward with confidence. The sooner you act, the more we can do to help. Call today.
