A DUI charge can be a devastating life event. Aside from the embarrassment and fines or even jail time that can come at court, losing a driver license is the worst part of the punishment.
If you have to drive to make your living, then losing your license means losing your livelihood.
When I worked at the District Attorney’s Office, I learned the ins and outs of the traffic court case that is a DUI charge, but rarely did I have to think about the ramifications of a DUI stop on the person’s driver license.
Now that I’m in private practice and represent drivers charged with DUI, I have to put a whole lot of thought into those ramifications. My mission now often includes helping the client keep his license.
Many persons used to say, “Don’t blow in their machine. Just refuse it.” The Legislature got wise, so now, if an officer instructs you to blow in the machine and you refuse to do so, the state can suspend your license almost immediately just because you refused.
Alabama law is that, by accepting a driver license or driving on the public streets, you have consented to take a breath test if, while you are under arrest for DUI, an officer instructs you to do so. If you refuse to meet this “implied consent” then the state is supposed to suspend your license.
They’ll also suspend you if your test is .08% alcohol or greater, but the suspension for refusing is worse than the one for testing too high. The one for testing too high will replace any suspension you might later get because you got convicted of DUI, meaning you only get suspended once. But a suspension for refusal is IN ADDITION to any suspension you might later get following conviction, meaning you can be suspended twice.
The State of Alabama says this is not punishment without Due Process because, within ten days after you are notified that they intend to suspend you, you can request an administrative hearing for the purpose of contesting the suspension.
The only issues that are supposed to be allowed at the administrative hearing are (1) Whether you committed DUI; (2) Whether you were under arrest for DUI; and (3) Whether you refused to submit to a test after the officer lawfully directed you to do so.
On the other hand, I have seen situations where the issue was something not on that list and we were able to avoid administrative suspension by demanding a hearing.
If the officer intends to seek administrative suspension, he will give you a paper called an AST-60 that usually is yellow. If you get one of these forms, it’s critical that you contact a DUI defense attorney immediately so you can invoke your right to a hearing in time. You only have ten days.
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