DUI Driver’s License Suspension
A license to drive is an important part of Alabama life. Though it exists, we are not really known for our widely-available public transit. Therefore, many people drive a car or other type of motor vehicles on a daily basis to get to and from necessary places like school, work, the doctor, and the grocery store.
However, driving is a privilege, not a right, and if you are pulled over for drunk driving, you could be facing a driver’s license suspension. A qualified drunk driving defense lawyer in Madison County, AL, can help you fight to get that privilege back.
Huntsville DUI License Suspension Attorney
The skilled criminal defense attorneys at Law Offices Of Segal & Segal have almost 40 years of combined experience in criminal litigation. Both Sandra Segal and Andrew Segal have prior experience as prosecutors, and are passionate about using that experience to identify the weaknesses in the prosecution’s case while building a strong, point-for-point defense.
If you have been charged with drunk driving in the Huntsville area, including Madison, Morgan, Marshall, Limestone, and Jackson Counties, and face a driver’s license suspension, contact the experienced drunk driving defense lawyers at Law Offices Of Segal & Segal. Your first consultation is free, so call (256) 533-4529 today.
Overview on DUI Related Licensed Suspension in Alabama
- Alabama’s DUI Laws
- Reasons for Driver’s License Suspension
- DUI License Suspension Length in Alabama
- Fighting to Protect Your Driving Privileges in Huntsville
Driving under the influence is defined in Section 32-5A-191 of our state’s criminal code as driving or having physical control of any motor vehicle while:
- Under the influence of alcohol
- Having a BAC at or above 0.08 (per se DUI)
- Under the influence of a controlled substance to the extent that the individual is incapable of safe driving
- Under the influence of a combination of alcohol and a controlled substance to the extent that the individual is incapable of safe driving
- Under the influence of any substance which renders the person incapable of safe driving
If there are other factors involved, such as the individual is under 21, a commercial truck driver, the driver of a day care or school bus, or there is a child under 14 in the car, it may change the legal limit for that person as well as increase the penalties. An experienced Huntsville drunk driving defense lawyer will be able to help you determine what your case is up against and fight for your rights.
There is a specific section of Alabama code that addresses what constitutes circumstances in which the Director of Public Safety is required to implement a license suspension. Section 32-5A-300 says that the director shall suspend the license of any person that:
- Drove or was in physical control of a motor vehicle while over the Alabama legal limit of 0.08
- Refused any chemical test to determine if the level of alcohol in his or her system was over the legal limit
The Director of Public Safety makes this determination based on the police report of your arrest and a hearing with you, if you request it. If you disagree with the upholding of your suspension in the hearing with the director, you have a right to an appeal.
The determination of the director on whether or not you are guilty of drunk driving and therefore must have your license suspended is independent of the criminal charges you face. However, an acquittal of the criminal charges may reduce your suspension.
The length of your driver’s license suspension is determined by Alabama law and depends on the nature of your drunk driving arrest and whether or not you have any priors. Some suspension durations may be subject to the judge’s ruling, but the standard license suspension periods and their offenses are:
- Under 21 drunk driving
- First DUI conviction
- First DUI chemical test refusal
- Second DUI conviction within 5 years
- Second DUI chemical test refusal
- School bus driver DUI conviction
- Day care driver DUI conviction
- BAC of .15 or more (Note: 1 year is the minimum)
- DUI with serious bodily injury
- DUI with death
- Third DUI conviction
- Fourth or subsequent drunk driving conviction
If the alleged drunk driving offender is 21 or older and there was a child under 14 present, he or she faces at least double the minimum requirements for his or her drunk driving offense. In addition to having your driver’s license suspended by DPS, if you are a repeat drunk driving offender the Alabama Department of Revenue will also suspend your vehicle registration for the same period of time unless you can prove undue hardship on another individual.
Once your license suspension is over, the Department of Public Safety will not reissue your Alabama driver’s license until it receives proof you have completed the required drunk driving or substance abuse court referral program. An experienced Madison County drunk driving attorney will be able to help guide you through these processes, or fight to prevent the suspension’s occurrence all together.
If you have been charged with drunk driving and are facing license suspension either from conviction or from refusal to a chemical test in Decatur, Madison, Scottsboro, Athens, and Albertville, don’t merely accept having the extremely important privilege of driving taken from you.
Contact the experienced attorneys at Law Offices Of Segal & Segal. They will construct a solid defense based on almost 40 years of experience in all aspects of the courtroom, so call (256) 533-4529 to set up your free consultation today.