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After a DUI arrest in Alabama, most people focus on the court case—but what many don’t realize is that there’s an entirely separate process happening with the DMV. In Alabama, this process is handled by the Alabama Law Enforcement Agency (ALEA), not the traditional Department of Motor Vehicles (DMV), but it plays a critical role in what happens to your driver’s license.
This administrative hearing is not about guilt or innocence in court. It’s about whether or not your license should be suspended—based on your BAC results or refusal to take a chemical test. The DMV (via ALEA) doesn’t wait for the criminal case to conclude. If you don’t take immediate action, your license will be suspended automatically, even if your DUI charges are later dropped or dismissed.
This hearing is called an Administrative License Suspension (ALS) hearing, and it’s completely separate from the court system. It has its own timeline, rules, and consequences. If you don’t respond within 10 days of your arrest, you lose your chance to fight it.
In this post, we’ll walk through exactly how DMV (ALEA) hearings work after a DUI in Alabama, what steps you must take, and how this process fits into the larger DUI timeline.
What Is an ALS Hearing and Why Does It Matter?
An Administrative License Suspension (ALS) hearing is a civil procedure initiated by ALEA after your DUI arrest. Its purpose is simple: to determine whether your driver’s license should be suspended, based on the results of your chemical test—or your refusal to take one.
This hearing operates independently of your criminal case. You could be found not guilty in court and still lose your license through the ALS process if you don’t act fast.
You are subject to an ALS hearing in two situations:
- You failed a breath, blood, or urine test (BAC at or above 0.08%)
- You refused to submit to chemical testing
Here’s what makes it urgent: You only have 10 days from the date of your arrest to request the hearing. If you don’t, your license will be automatically suspended 30 days after the arrest—no questions asked.
This hearing is your one chance to contest that suspension before it kicks in. It’s not about guilt or innocence in your DUI case; it’s about whether ALEA followed procedures and had legal grounds to take your license.
How to Request a DMV Hearing in Alabama
The clock starts ticking the moment you’re arrested for DUI in Alabama. To fight the automatic suspension, you need to file a written request for an ALS hearing within 10 calendar days. This is submitted to the Driver License Division of ALEA.
Key steps:
- Write a formal hearing request letter stating you’re challenging the suspension
- Include your full name, date of birth, license number, and arrest date
- Mail or deliver the request to ALEA’s Driver License Hearing Office
- Keep a copy of your request and proof of delivery
In most cases, it’s best to have an attorney handle this process to ensure all the required information is included and submitted on time.
After the request is received, ALEA will send you:
- A notice confirming your hearing date
- Instructions on appearing in person or via phone, depending on the county
- Temporary driving privileges extended until the date of the hearing
If you don’t request a hearing within 10 days, your license is automatically suspended on the 30th day after arrest.
What Happens During the ALS Hearing?
ALS hearings are administrative, not criminal. That means they are less formal than court proceedings and are conducted by an administrative hearing officer, not a judge. There’s no jury, and the burden of proof is different.
At the hearing, the officer will review:
- Whether the traffic stop was legal
- Whether you were lawfully arrested
- Whether you refused testing or had a BAC over the legal limit
- Whether proper procedures were followed
Both the officer and your legal representative may present evidence. Common arguments made at ALS hearings include:
- The breath test was administered incorrectly
- The officer lacked probable cause
- You were not properly informed of the consequences of refusing the test
This is often the first chance to challenge the technical side of your arrest, especially around test administration and procedural compliance.
The hearing usually takes 30 minutes to 1 hour, and a decision is issued shortly after.
Possible Outcomes of the ALS Hearing
There are only two possible outcomes in an Alabama ALS hearing:
1. Suspension Upheld
If the officer proves that testing was valid and procedures were followed, your license will be suspended.
Suspension lengths in Alabama:
- 90 days for first offense with BAC ≥ 0.08%
- 1 year for chemical test refusal
- 1 year or more for repeat offenses within 10 years
If upheld, the suspension begins immediately, unless it was delayed by a previously granted temporary permit.
2. Suspension Dismissed
If your attorney successfully challenges the legality of the stop, testing methods, or arrest, the hearing officer may cancel the suspension. Your driving privileges are restored, and ALEA removes the pending action from your record.
It’s important to remember: winning the ALS hearing does not affect your DUI court case. It only impacts the license suspension issued by ALEA.
How the DMV Hearing Affects Your License and Insurance
The outcome of your ALS hearing affects more than just your ability to drive—it also impacts your auto insurance and long-term driving record.
If your license is suspended:
- You may be required to obtain SR-22 insurance, which signals you’re a high-risk driver
- Your insurance premiums can skyrocket—often doubling or tripling
- A suspension stays on your driving record, even if you’re acquitted in court
If your suspension is dismissed:
- You maintain full driving privileges
- You may avoid the SR-22 filing requirement
- Your insurance company might still raise rates—but the impact is less severe
Regardless of the outcome, most insurers review your driving record annually, so the suspension (or lack of one) will likely be noticed.
Why You Should Take the DMV Hearing Seriously
Many drivers assume the DMV hearing is just paperwork—but that’s a mistake. It’s the only way to avoid automatic license suspension, and it gives you the first opportunity to challenge aspects of the arrest that might later affect your criminal case.
Why the DMV hearing matters:
- It runs faster than the court case
- It may expose flaws in the officer’s report or test procedures
- A successful defense here can preserve your driving privileges
- Evidence from this hearing can later be useful in criminal court
Think of it as your first line of defense, especially if the DUI case will take months to resolve.
It’s also worth noting that failing to act at this stage makes future appeals harder—once the suspension is in effect, it’s much tougher to reverse.
FAQ
Is a DMV hearing the same as my court case?
No. The ALS hearing is a separate administrative process handled by ALEA, not the criminal court system.
Do I need a lawyer for the DMV hearing?
It’s not required, but highly recommended—especially if you plan to challenge the stop or test results.
How do I request a hearing?
Submit a written request to ALEA within 10 calendar days of your arrest.
Can I drive while waiting for my hearing?
Yes. If you submit your hearing request on time, your temporary license is extended until a decision is made.
What if I miss the 10-day deadline?
Your license will be automatically suspended 30 days after your arrest, and you lose your chance to contest it.
Conclusion
The DMV hearing after a DUI arrest in Alabama is just as important as your criminal court case. It determines whether or not you get to keep your license—and it happens much faster than the court timeline. If you don’t act quickly, you’ll lose your license by default.
Understanding how this process works, and why it matters, can make all the difference. It’s not just a formality—it’s your first shot at protecting your driving record and reducing the long-term impact of a DUI.
To learn more about how long DUI cases take and what to expect throughout the process, visit the DUI Process and Timeline page.
For a focused look at license-related actions after arrest, check out DMV Hearings and License Actions After a DUI Arrest.