
Being pulled over and arrested for driving under the influence is overwhelming. Most people immediately think about the fines, possible jail time, or the damage to their reputation. But one of the most pressing concerns often comes sooner than any court date—the risk of losing your driver’s license. In Alabama, a DUI arrest can trigger what is known as Administrative License Suspension (ALS). This penalty is separate from any criminal charges and can take effect before a judge ever hears your case.
Understanding how ALS works, the deadlines involved, and the defenses available can mean the difference between keeping your license and being sidelined without the ability to drive.
Administrative vs. Criminal Consequences
When someone is charged with a DUI, they often assume their license is only at risk if they are convicted. But in Alabama, the state has created a separate process to protect the roads while a criminal case is pending. That means a driver may face two sets of consequences:
- Criminal Penalties: jail time, probation, fines, court costs, and mandatory classes.
- Administrative Penalties: license suspension carried out by the Alabama Law Enforcement Agency (ALEA), regardless of the outcome of the criminal case.
The crucial point is this: even if you beat your DUI in court, you could still lose your license unless you act quickly to contest the administrative suspension.
How ALS Works in Alabama
When an officer arrests you for DUI, your physical driver’s license is typically confiscated on the spot if you either:
- Register a blood alcohol concentration (BAC) of 0.08% or higher, or
- Refuse to take a chemical test such as breath or blood.
In place of your license, the officer issues a temporary driving permit. This permit is usually valid for 45 days. Once it expires, your license is automatically suspended unless you request a hearing to fight the suspension.
This system is designed to act quickly, but it also means the clock starts ticking immediately after arrest.
The 10-Day Rule
Perhaps the most important rule for anyone facing a DUI in Alabama is the 10-day deadline. From the date of your arrest, you only have 10 days to request an ALS hearing with ALEA. If you miss this deadline, the suspension will begin automatically once the temporary permit runs out.
Many drivers are blindsided because they do not realize this short window exists. Missing it can mean months or even years of being unable to drive legally. This is why contacting a DUI defense lawyer immediately after arrest is so critical.
Suspension Lengths and Consequences
The length of the suspension depends on your history and whether you refused a test. Alabama law sets these general guidelines:
- First Offense: 90-day suspension.
- Second Offense: 1-year suspension.
- Third or Subsequent Offense: 3-year suspension.
- Refusal of Testing: 90 days for first offense, 1 year for subsequent refusals.
In addition to losing driving privileges, Alabama also imposes ignition interlock device (IID) requirements in many DUI cases. An IID requires a driver to blow into a breathalyzer before starting their vehicle. Refusal cases and repeat offenders are especially likely to face this condition.
Hardship Licenses and Work Permits
For many people, losing a license means losing their livelihood. Alabama law allows for certain hardship licenses or restricted permits. These limited driving privileges may be granted for travel to work, school, or necessary medical appointments.
Often, participation in the ignition interlock program is tied to obtaining these limited privileges. An experienced DUI attorney can help petition for these options and make the difference between being completely grounded or being able to continue supporting your family.
Defenses at an ALS Hearing
An ALS hearing is not just a formality. It is an opportunity to challenge the evidence and argue that your license should not be suspended. Common defenses include:
- Improper Stop: If the officer lacked legal justification for pulling you over, the suspension may not stand.
- Faulty Equipment: Breathalyzers must be calibrated and maintained. Improper testing procedures can invalidate results.
- Medical Conditions: Certain medical issues can mimic intoxication or interfere with testing accuracy.
- Procedural Errors: Officers must follow strict rules in advising you of your rights and options. Any failure can be grounds to challenge suspension.
Because these hearings are technical and involve detailed knowledge of DUI law, having a skilled attorney present your case is vital.
Why Hiring a DUI Defense Attorney Matters
Trying to navigate the criminal courts is difficult enough, but adding an administrative process with its own deadlines and technical rules makes things even more complicated. An attorney familiar with DUI law can:
- File the ALS hearing request within the strict 10-day deadline.
- Gather and challenge evidence, including test records and officer reports.
- Negotiate for reduced penalties or alternative outcomes.
- Advocate for limited driving privileges when possible.
Without an attorney, you risk losing your license by default—even if you ultimately win your DUI case in criminal court.
Conclusion
A DUI arrest in Alabama does not just threaten fines or jail time. It threatens your ability to drive, often before you have had your day in court. The administrative license suspension system moves quickly, and missing critical deadlines can have lasting consequences.
If you or someone you love has been arrested for DUI, do not wait. The sooner you act, the better your chances of keeping your license and protecting your future.
Joe Joe Ingram Law, LLC has years of experience defending DUI cases across Alabama. From Birmingham to Mobile and Huntsville, Joe Ingram understands how to fight both the criminal and administrative sides of a DUI. If your license and your freedom to drive are on the line, call Joe Ingram today.