The License Suspension After a DUI Arrest
Ala. Code § 32-5A-300 — a suspension for a test over the limit or a refusal, separate from the criminal case
The state suspends the driving privilege of anyone found, on the officer's report, to have driven or been in actual physical control with blood alcohol above the legal limit, or to have refused the test. That finding stands on its own, apart from any criminal charge from the same arrest.
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- A notice of suspension is mailed to the last known address and is treated as received three days after mailing.
- It states the reason, the date the suspension starts, and the right to ask for an administrative review and a hearing, with the date to ask by.
- The finding is final unless a review or hearing is asked for.
| The driving record in the preceding 10 years | Suspension |
|---|---|
| The driving record in the preceding 10 yearsNo prior alcohol or drug enforcement contact | SuspensionNinety days |
| The driving record in the preceding 10 yearsOne prior contact | SuspensionOne year |
| The driving record in the preceding 10 yearsTwo prior contacts | SuspensionThree years |
| The driving record in the preceding 10 yearsThree or more prior contacts | SuspensionFive years |
The suspension takes effect 45 days after the notice is received. When a suspension for 0.08 or more comes with a DUI conviction for the same arrest, the time served counts toward the DUI suspension; when the DUI charge is dismissed or ends in acquittal, the suspension is rescinded and removed from the record, with exceptions the section sets.
The suspension periods are minimums. No privilege is restored and no license issued during them except as the law allows, and not until every reinstatement fee is paid.
Sources for this section (4)
- Ala. Code § 32-5A-300 — Determinations Requiring Suspension of Driving Privileges; Basis for and Finality of Determination
- Ala. Code § 32-5A-302 — Determination by Secretary; Notice
- Ala. Code § 32-5A-304 — Period of Suspension; Relation to Section 32-5A-191
- Ala. Code § 32-5A-305 — Minimum Periods of Suspension; Reinstatement
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.