In Alabama, a DUI arrest can immediately impact the status of your driver’s license.
Recently, we dove into the court-related implications (link to Blog #1) of DUI arrests and convictions. Now, we’ll take a look at how a DUI affects your ability to operate a motor vehicle – a necessity for many individuals who live and work in Alabama.
A DUI arrest and conviction can lead to:
Immediate License Suspension
Mandatory License Suspension or Revocation
Required SR-22 Insurance
According to U.S. Census Data, more than 80% of workers in Alabama ages 16 and older drive alone to their place of work. If you don’t live in an area with reliable or accessible public transportation, a DUI-related driver’s license suspension can hinder your ability to work.
Immediate License Suspension
In the event of a DUI arrest, the offender will have their driver license immediately confiscated by the arresting officer. That same day, the driver’s license will be suspended and they will receive a temporary permit, valid for 45 days.
If the suspension still stands on the 45th day following arrest, the driver will no longer be permitted to operate a vehicle. This is in accordance with the Alabama Administrative License Suspension, so the suspension will stand without any allowances until the offender’s DUI case has reached a verdict.
A mandatory immediate suspension can, however, be avoided with the help of a legal professional. Specifically, a licensee may file an appeal for an administrative hearing within 10 days of their arrest.
With the right legal representation, there is the potential to not only negotiate a lesser sentence, but have the administrative suspension rescinded.
Commercial License Suspension
To be sure, any DUI arrest will also affect an offender’s commercial license. On a first-time offense, the CDL will be suspended for one year. If the offender has had any prior convictions or administrative suspensions, the CDL will be disqualified for the driver’s lifetime.
Mandatory License Suspension
In the event of a DUI conviction, Alabama offenders can expect that their drivers license will be suspended or revoked, with the amount of time based on prior convictions. This period of time has the potential to be reduced should the offender install an ignition interlock device in their vehicle.
On a first conviction, there is a 90-day suspension period – the total of which may be stayed by installing an ignition interlock device for the duration.
This time period will increase based on the number of DUI convictions an offender has over the past 10 years. For example, a second DUI conviction may result in a one year revocation. Subsequently, a third offense may add up to a 3 year revocation with no time limit on the prior convictions. A fourth conviction might lead to a five year revocation.
Subsequent Charges
Honoring a license suspension or revocation is crucial and failure to comply can result in further consequences.
For example, say you are caught driving with a suspended or revoked license. As a result, the vehicle will be immediately impounded and you will face a new criminal charge.
If convicted, driving with a suspended or revoked license can result in a fine of up to $500, and/or up to 180 day jail sentence.
Required SR-22 Insurance
In order to obtain a driver license after a revocation period, an Alabama DUI offender must file and maintain proof of SR-22 insurance with ALEA for approximately 3 years. Learn more about the insurance consequences of a DUI arrest or conviction.
Need Somebody in Your Corner?
Consequences of a DUI can be immediate and conviction can affect your ability to seek a driver license or operate your vehicle.
Therefore, it’s essential to have a lawyer in your corner who understands the ins-and-outs of DUI arrests in Alabama. Hiring reputable legal representation to help you navigate the process could potentially mitigate or reduce a license suspension or revocation.
Align yourself with an Alabama lawyer who specializes in DUIs. Contact the professional legal team at Sheffield and Lentine, P.C. for the guidance you deserve.