The state of Alabama is unique in that driver’s license suspensions for a DUI are issued by the Department of Public Safety in addition to the court system. Your license will often be suspended long before criminal DUI charges are presented in a court of law. However, knowing your rights can help prevent license suspensions by AL DPS or aid you in drivers license restoration.
When DPS Can Suspend
DPS can suspend your license for having a breathalyzer test BAC .08% or higher, or for refusal to submit to the test. This only holds true if the driver was on public highways of Alabama, not residential streets or private property. Suspensions issued by DPS are separate from and in addition to any legal consequences determined by a court for a criminal DUI conviction. For this reason, these suspensions must be handled separately from the criminal case.
The Administrative Hearing
You have 10 days to request an administrative hearing in writing to DPS to stay the suspension. The hearing must be held within 30 days of the request. If you miss the 10 day deadline, your license will be suspended. However, you have an additional 80 days to request a hearing to have the suspension overturned.
It is a good idea to have a driver’s license reinstatement attorney on your side during this hearing. DPS must prove that you were on a public highway and that your BAC was .08% or higher, or that you refused to submit to the chemical test. If any of this is not proven, the suspension must be overturned.
The law states that circumstantial evidence can be used to determine if the driver was on public highways prior to arrest even if the arrest happens on private property. DUI attorneys are skilled in refuting this circumstantial evidence to get suspensions reversed. In addition, if criminal charges are dropped or not filed, a DUI attorney can get the DPS suspension removed through an administrative hearing. If you have received notice of suspension, contact driver’s license reinstatement attorneys immediately.