Accusations of driving under the influence (DUI) in Alabama can be a life-changing moment. You’re put under the microscope of the law because, frankly, DUIs are a serious offense that put not just your life at risk but the lives of others, as well.
Beyond just the concerns about the repercussions of these serious criminal charges, many people are concerned about losing their driving privileges and the impact that will have on their daily lives. If you’ve been accused of a DUI in Alabama, it’s crucial to understand the process and your rights.
What Happens When You’re Pulled Over on Suspicion of DUI in Alabama
A typical DUI traffic stop begins with an officer pulling over a vehicle they suspect of erratic or impaired driving (in some cases, there are roadblocks to conduct routine DUI checks during the holidays, as well). The officer will likely ask the driver to perform field sobriety tests and may request a breathalyzer test to measure blood alcohol content (BAC). In Alabama, the legal BAC limit is .08. If a driver’s BAC exceeds this limit or if they refuse to take the breathalyzer test, their license may be at risk of immediate suspension under Alabama’s implied consent laws.
Even before any criminal proceedings, two actions at the roadside can trigger a license suspension:
- Refusing to take a breathalyzer test.
- Recording a BAC of .08 or higher.
These actions initiate an administrative process that can significantly disrupt your ability to drive, even before a court determines whether you’re guilty or innocent.
The Administrative License Suspension
In Alabama, an arrest for DUI automatically starts the administrative process for suspending your license. After an arrest, officers will typically take your driver’s license and issue an AST-60 form, which serves as a temporary driving permit and notice of suspension. This suspension generally takes effect 45 days after your arrest unless you act quickly.
You have just 10 days to request an administrative review hearing to challenge the suspension. During this hearing, the state Department of Public Safety will examine whether your arrest was lawful and if you refused the breathalyzer or had a BAC of .08 or above. If the administrative decision is not in your favor, you still have the right to appeal within 30 days, but time is critical.
Defending Your License and Your Rights
Losing your license after a DUI arrest doesn’t have to be inevitable or even prolonged until you’re case is complete. An experienced Alabama DUI attorney can challenge the evidence against you, ensure that your rights are protected, and fight for your ability to drive. At John M. Totten, P.C., we understand how much is at stake. Contact us today to discuss your case and protect your rights when accused of a DUI in Alabama.
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