Alabama has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.
Administrative License Revocation (ALR) Procedures
Alabama Department of Public Safety
Alabama is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.
You will be given a 15 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 16th day for 90 days.
Remember that this is a separate case from the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.
Alabama courts are required to order the installation and maintenance of ignition interlock devices (IIDs) for first-time offenders when their blood alcohol concentration (BAC) levels are .08 percent or higher, as well as requiring IID installations for all repeat DUI offenders. Ignition interlocks must also be installed on any and all vehicles operated by the offender and the offender is responsible for any and all costs associated with the IIDs on all vehicles, such as the installation, monthly lease payments, maintenance fees, and removal. These IIDs must be obtained only from certified providers within Alabama.
License Revocation, Fines and Jail
- First offense – Class A Misdemeanor: up to one year in jail, $600 to $2,100 in fines, 90-day license suspension, mandatory DUI school, and installation of an ignition interlock.
- Second Offense – Class A Misdemeanor: 5 days to 1 year in jail, community service, $1,100 to $5,100 in fines, one-year license suspension, revocation of driving privileges for one year and an interlock device for 2 years upon license restoration, attendance at a DUI or substance abuse court referral program, possible suspension of the registration of all vehicles owed during the revocation period.
- Third Offense – Misdemeanor or Felony (if within 10 years): 60 days to 1 year in jail, $2,100 to $10,100 in fines, three-year license revocation, and an interlock device for a minimum of three years after license reinstated, attendance at a DUI or substance abuse court referral program, possible suspension of the registration of all vehicles owned during the revocation period.
- NOTE: If you have a prior DUI/DWI within the past five-year period, the registration for all motor vehicles owned by you will also be suspended, unless this imposes undue difficulties to any family member or vehicle co-owner. For repeat DUI offenders, your vehicle may be seized for a fixed time or permanently.
For more information on Alabama ignition interlock laws contact the Alabama Department of Public Safety