Alabama DUI Administrative License Suspension
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While many people are already familiar with criminal charges that follow a DUI arrest, many are unaware of another penalty: administrative.
This affects your record and seeks to suspend your license. The administrative aspect is governed by civil law, not criminal. It relates solely to your driver’s license and driving record.
What happens following a DUI arrest? The DMV will suspend your license BEFORE you are convicted of a DUI whether you took a chemical test and failed or refused to take a test.
Before you’ve even entered a court room your license will be taken away! But many states require that you schedule an administrative hearing anywhere from 5 to 10 days following your DUI arrest.
This hearing is completely separate from your appearance in court for criminal charges. It does not deal with whether you are guilty of a criminal act, but instead addresses the circumstances surrounding your arrest such as:
• Was your arrest legal and based on reasonable grounds?
• Did the arresting officer request you to take a chemical test?
• Did the officer make you aware of the consequences of a failure or refusal to take a chemical test?
• Did you take a chemical test or did you refuse to submit to any chemical test?
• Based on the arrest, should your license be suspend or revoked?
As you can see, there are many other issues you’ll face outside of criminal charges following a DUI arrest. But having an experienced DUI attorney to fight for you will help your chances greatly!
