In Alabama, a DUI charge has administrative implications on an Alabama drivers license separate from the criminal prosecution. Under the “implied consent” law a driver who operates on a public roadway consents to providing a breath sample, currently the Draeger machine. If you refuse, on the first occasion, your license will be suspended administratively for 90 days. However, a civil suit can be filed against the Alabama Department of Public Safety challenging the suspension of the license.

Another way to attack the suspension is to challenge the original hearing on the administrative suspension. However, a request must be made within ten days of the DUI arrest.

CDL holders beware. Even if you are operating a private vehicle, a CDL holder who refuses the breath test receives a one year suspension of his/her license which equates to loss of employment.

Sound complicated? It is. This post does not cover every variable regarding a driver license suspension and does not address the effects of a DUI conviction.

This is just another example of why if you are arrested for DUI you need to hire an experienced DUI defense lawyer. Call Greg Yaghmai at Rutledge & Yaghmai.