In the state of Alabama, an arrest for a DUI can trigger an administrative license suspension if you fail your BAC test or if you refuse to take a blood alcohol test. This administrative suspension is separate from any criminal actions and can go into effect even if you have not yet had a trial and been found guilty of DUI. If you have been arrested, you must act quickly in order to stop the suspension of your license since you only have ten days to respond.
Because of this 10-day limit, it is extremely important to contact an experienced and knowledgeable Birmingham DUI attorney right away when you are arrested. At the Eversole Law Office, we have helped countless clients throughout Jefferson, Madison and Shelby Counties as well as elsewhere in Alabama who are facing the suspension of their driver's license. We will do everything in our power to help you to keep your license and fight the administrative suspension. Contact our Birmingham DUI lawyers today at 866-831-5292 to schedule a free consultation for more information about how we can help you in your DUI case.
Alabama DUI and Driver's License Suspensions
When you are arrested for an Alabama DUI and you either refuse to submit to a blood alcohol test or you submit to a test and fail, your driver's license will be taken from you. You will then be issued a temporary driving permit in the form of a yellow AST-60 form. This form allows you to drive until your license suspension goes into effect.
The rules for your driver's license suspension are found in Alabama Code section 32-5A-304, which stipulates that a suspension of 90 days will go into effect if you have no prior convictions for DUI or have no prior related offenses. If you have previously had a DUI charge or refused in the past to submit to a breath test, then your suspension will be for one year. With two or three prior related offenses, you will have a three year license suspension and if you have had four or more prior DUI or related incidents, your license will be suspended for five years.
This license suspension will occur if you do not take action, and there are no hardship licenses granted in Alabama, which means you will not have a license available to you to go to work or school or to fulfill any of your other obligations if you do not take action to try to stop the license suspension. You have only 10 days in order to take any type of action, so do not hesitate to contact a lawyer to learn your options.
If you wish to try to fight the license suspension and you are within the ten day time limit, you have several different options for having your suspension reviewed. The first option is to request in writing that the suspension be reviewed by the Alabama Department of Public Safety. If the Department determines that your suspension should stand, you have the right to request an administrative hearing. Finally, the last stage of fighting the suspension would be to request judicial review of the prior proceedings to determine if the suspension should stand.
Because of the ten day time limit and because you will need assistance crafting arguments for why your license should not be suspended, you must contact an experienced Birmingham Alabama DUI attorney when faced with a license suspension. Getting an attorney to help you fight the license suspension is the only chance you have of being able to walk away from a DUI charge with your driving privileges.
The sooner we take a case, the sooner we can begin to work with you to save your license. That's why it's important to contact Steven Eversole as soon as you know you'll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.