Being arrested for driving under the influence (DUI) in Alabama is a disorienting and stressful experience. For many, the immediate aftermath is filled with concerns about potential jail time, fines, and the lasting impact of a criminal record. However, one of the most severe and immediate consequences of a DUI arrest begins before you ever set foot in a Baldwin County criminal courtroom.
If you are arrested for a DUI in Alabama, a countdown begins immediately regarding your right to drive. Under Alabama law, you have exactly 10 days from the date of your arrest to take specific legal action to prevent the automatic suspension of your driver’s license. This is known as the 10-Day Rule, and it is a strict, unforgiving deadline managed by the Alabama Law Enforcement Agency (ALEA).
Many drivers mistakenly believe that their license is safe until they are actually convicted of a DUI in criminal court. This is a dangerous misconception. Alabama operates under a dual-track system for DUI offenses. The criminal case, which determines your guilt or innocence and potential penalties like jail time, operates completely independently of the civil administrative process, which governs your driving privileges.
To fully grasp the importance of the 10-day rule, you must understand that a DUI arrest triggers two separate legal proceedings in Alabama.
The first is the criminal case. This proceeding will take place in a municipal court, such as the Foley Municipal Court or the Gulf Shores Municipal Court, or in the Baldwin County District or Circuit Court located at the courthouse complex in Bay Minette. The criminal track focuses on whether the prosecution can prove beyond a reasonable doubt that you violated Alabama Code § 32-5A-191 by driving under the influence of alcohol or a controlled substance.
The second proceeding is the civil administrative track. This is entirely controlled by ALEA. When you are arrested for DUI and either register a blood alcohol concentration (BAC) of .08% or higher or refuse to submit to a chemical breath test, the arresting officer is required by law to submit a sworn report to ALEA. This report initiates an Administrative License Suspension.
Because the ALS process is civil rather than criminal, the burden of proof is significantly lower, and the constitutional protections are different. ALEA does not need to prove you are guilty of a crime to suspend your license; they only need to establish that the officer had reasonable grounds to believe you were driving under the influence and that you either failed or refused the chemical test. This is why you must affirmatively request a hearing to stop the suspension from taking effect automatically.
Under Alabama law, the 10-day rule is a strict deadline requiring drivers arrested for DUI to request an administrative hearing with the Alabama Law Enforcement Agency within ten days to prevent an automatic suspension of your driver’s license.
This 10-day period includes weekends and holidays. The clock begins ticking the moment you are handed the AST-60 form by the arresting officer, which typically occurs at the time of your arrest or release from the local jail. If this deadline passes without a formal request for a hearing being filed, you forfeit your right to contest the suspension of your driving privileges.
The purpose of requesting this hearing is twofold:
It is vital to understand that the arresting officer will not file this request for you, and the court will not remind you to do it. The burden falls entirely on the driver to take action. Because the timeframe is so incredibly brief, consulting with a defense attorney immediately following an arrest in Baldwin County is essential to ensure this deadline is met.
When your physical driver’s license is confiscated by a Baldwin County Sheriff’s Deputy or a local police officer, you are issued an AST-60 form. This document is technically titled the “Notice of Intended Suspension.”
You must keep this document on your person whenever you are operating a vehicle. The AST-60 serves as your temporary driver’s license for the 30 days immediately following your arrest. It grants you the same driving privileges you held prior to the arrest, provided your license was valid and not already suspended for another reason.
However, the AST-60 is also a formal legal notice. It explicitly states that ALEA intends to suspend your driving privileges and outlines your right to request an administrative hearing. The fine print on this form dictates the procedure for requesting the hearing, which is why it is imperative that you do not discard or lose this paperwork.
If you are an out-of-state driver visiting the Alabama Gulf Coast, the officer cannot physically confiscate your home state driver’s license, as it is the property of that state. However, the officer will still issue you an AST-60 form, which serves as notice that Alabama intends to suspend your privilege to drive within the state of Alabama. Alabama will also report the incident to the National Driver Register, which routinely leads to your home state initiating its own suspension proceedings against your physical license.
To request an administrative hearing in Baldwin County, you must submit a formal written request to the Alabama Law Enforcement Agency Driver License Division in Montgomery within ten days of your arrest, typically using the instructions provided on the AST-60 form.
While the incident may have occurred in Fairhope, Daphne, or Bay Minette, all ALS hearing requests are processed through the state agency in Montgomery. The request must be submitted in writing. Simply calling ALEA or speaking to the clerk at the local courthouse will not preserve your rights.
When submitting the request, several critical components must be included:
Because the mail can be unpredictable, it is highly advisable to send the request via certified mail with a return receipt requested, or to have your defense attorney file it electronically or via facsimile with confirmed receipt. This provides incontrovertible proof that you met the 10-day deadline.
If you miss the 10-day deadline, you waive your right to challenge the administrative suspension, and the Alabama Law Enforcement Agency will automatically suspend your driving privileges 30 days after the date you received notice of the intended suspension.
Once the deadline passes, the administrative suspension is virtually impossible to stop. Your temporary driving privileges under the AST-60 form will expire on the 30th day, at which point it becomes illegal for you to operate a motor vehicle in the state of Alabama.
The duration of this automatic suspension depends on your driving history and the circumstances of your arrest:
Driving while your license is suspended for a DUI carries severe additional penalties. If you are caught driving during this suspension period perhaps driving down U.S. Route 98 to get to work you face a new criminal charge of Driving While License Suspended (DWLS). This can result in further jail time, additional fines, and a mandatory extension of your license suspension period, compounding an already difficult situation.
If you successfully request your ALS hearing within the 10-day window, ALEA will schedule the proceeding. For arrests in Baldwin County, in-person hearings are typically scheduled at the ALEA Driver License examining office, though telephone hearings have become increasingly common.
The hearing is presided over by an ALEA administrative hearing officer, not a judge. The arresting officer from the local police department or Sheriff’s Office may be subpoenaed to testify. The scope of this hearing is extremely narrow and is limited strictly to specific issues:
If the hearing officer determines that the state has met its burden on these points, the suspension will be upheld. If your defense attorney successfully challenges any of these elements, the hearing officer may rescind the suspension, and your physical driver’s license will be returned to you.
Winning an administrative license hearing requires a deep understanding of constitutional law, police procedure, and the technical requirements of chemical testing. Because the burden of proof is lower than in criminal court, these hearings are challenging, but they are absolutely winnable with the right strategy.
Defense strategies at an ALS hearing often focus on procedural errors and constitutional violations. For example, law enforcement must have reasonable, articulable suspicion to initiate a traffic stop. If a police officer pulls you over on the Foley Beach Express without a valid legal reason, such as an observed traffic violation or equipment failure, the initial stop is unlawful. If the stop is unlawful, the subsequent arrest and breath test results can be challenged, potentially leading to the rescission of your license suspension.
Another common defense involves the administration of the breathalyzer test itself. Alabama utilizes specific testing equipment, and operators must adhere to strict protocols, including a 20-minute deprivation period where they observe the subject to ensure they do not burp, vomit, or ingest anything that could skew the results. If the officer failed to follow these protocols, or if the machine’s calibration records show it was not properly maintained, the test results may be deemed unreliable for the purposes of the administrative suspension.
Even if the hearing officer ultimately upholds the suspension, the ALS hearing provides a vital strategic advantage for your criminal case. It allows your defense attorney to cross-examine the arresting officer under oath before the criminal trial. The officer’s testimony is recorded, locking them into their version of events. If they later change their story in the Bay Minette courthouse, the transcript from the ALS hearing can be used to impeach their credibility.
It is important to recognize that the administrative suspension is separate from any license suspension that may be ordered if you are convicted in criminal court.
If you win your ALS hearing and get your license back, you can still lose it later if a judge convicts you of DUI in criminal court. Conversely, if you lose your ALS hearing and serve your 90-day administrative suspension, the criminal court may impose an additional suspension upon conviction.
However, under Alabama Code § 32-5A-304, any administrative suspension time you have already served will generally be credited toward the mandatory suspension period imposed by the criminal court.
Furthermore, if your criminal charge is ultimately dismissed or you are acquitted at trial, the administrative suspension remains on your driving record unless you specifically petition to have it removed. The two systems run parallel, and success in one does not automatically guarantee success in the other.
A DUI arrest in Baldwin County threatens your finances, your freedom, and your ability to drive. The absolute worst mistake you can make is assuming that a conviction is inevitable or that your license is automatically lost.
The Law Office of Lindsay Demers defends individuals facing DUI charges throughout Baldwin County, including Foley, Gulf Shores, Daphne, Fairhope, Spanish Fort, and Bay Minette. We understand the urgency of the 10-day rule and take immediate action to protect our clients’ driving privileges and begin dismantling the prosecution’s case.
Do not let the 10-day deadline expire. Contact us immediately for a consultation to review the facts of your arrest and secure experienced legal counsel to fight for your license and your future.
Can I drive while waiting for my administrative hearing in Alabama?
Yes. If you request your administrative hearing within the 10-day deadline, the automatic suspension is stayed (paused). You can continue to drive legally using your AST-60 form as a temporary permit until the hearing officer issues a final decision.
How long will my license be suspended if I fail a breathalyzer in Alabama?
For a first DUI offense where you submit to a breath test and register a BAC of .08% or higher, the Alabama Law Enforcement Agency will impose a 90-day administrative license suspension. This is separate from any penalties ordered by a criminal court.
Does requesting an administrative hearing delay my license suspension?
Yes. Submitting a formal request for an ALS hearing within ten days of your arrest prevents the suspension from taking effect on the 30th day. Your driving privileges remain active pending the outcome of the administrative hearing.
What is the difference between an ALS hearing and my criminal court date in Bay Minette?
The ALS hearing is a civil proceeding conducted by the Alabama Law Enforcement Agency strictly to determine the status of your driver’s license. Your criminal court date determines whether you are guilty of the crime of DUI and face criminal penalties like jail or fines.
Do I need an attorney for the Alabama Law Enforcement Agency administrative hearing?
While not legally required, having an attorney is highly recommended. The hearing involves cross-examine law enforcement officers, challenging testing procedures, and applying constitutional law, which requires specialized legal knowledge to successfully preserve your driving privileges.
What happens to my out-of-state driver’s license after a DUI arrest in Gulf Shores?
Alabama cannot physically suspend a license issued by another state, but ALEA will suspend your right to drive within Alabama borders. They will also report the incident to the National Driver Register, which typically prompts your home state to suspend your license.
Can I win an administrative license hearing if I refused the breathalyzer?
Yes, it is possible. If your defense attorney can prove the initial traffic stop was illegal, the arrest lacked probable cause, or the officer failed to properly read the implied consent warnings, the hearing officer may rescind the suspension despite the refusal.
Are there hardship licenses available during an administrative suspension in Alabama?
Alabama does not offer a traditional hardship license or ignition interlock device for driving to work or school during an administrative suspension.
