Getting pulled over for DUI is scary. But what happens next can be even more confusing, especially when it comes to your driver’s license. Most people assume it’s gone for good. But that’s not always the case.
In Alabama, there are two main paths after a DUI: license suspension or something called Temporary Alcohol Restriction (TAR). One is automatic. The other may give you a chance to keep driving, but with rules.
Automatic Suspension
If you get arrested for DUI, your license is usually suspended. This can happen even before you go to court. It’s part of the administrative process through the Alabama Law Enforcement Agency (ALEA). You have just 10 days to request a hearing to fight the suspension.
If you don’t request a hearing, or if you lose, the suspension kicks in. Depending on your record, it can last anywhere from 90 days to several years.
What Is TAR?
TAR stands for Temporary Alcohol Restriction. It allows some drivers to keep their license, but with restrictions. You must install an ignition interlock device in your car. This device tests your breath before the engine starts. If alcohol is detected, the car won’t start.
To qualify for TAR, you must:
- Be a first-time offender
- Agree to install and pay for the interlock device
- Waive your right to an administrative hearing
If you meet the rules, you may be able to drive during the same time your license would have been suspended.
Which Option Is Better?
TAR can be a good option if you need to drive for work or take care of your family. But it’s not free. You’ll pay for the device, plus maintenance and monitoring fees.
If you choose TAR, you also can’t challenge the suspension. That may matter if you think the arrest was flawed or the test was wrong.
On the other hand, fighting the suspension might let you keep a clean record, but only if you win.
What If You Refused the Breath Test?
Refusing a breath test in Alabama triggers an automatic 90-day suspension, even if you’re later found not guilty. That’s separate from any court penalties. Refusal also makes you ineligible for TAR.
So saying “no” to the test may seem like a good idea in the moment, but it can limit your options later.
Don’t Guess. Get Guidance
DUI laws change often. What worked for your cousin two years ago may not apply today. And the smallest detail, like whether you refused the test, can make a big difference.
At John M. Totten, P.C., we help people understand their DUI options in Alabama. If you want to keep driving or explore ways to fight your suspension, let’s talk.
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