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32-5A-300
Section 32-5A-300 Determinations requiring suspension of driving privileges by director; basis
for, and finality of, determination; relationship to disposition of criminal charges. (a)
The director, or his or her agent, shall suspend the driving privilege of any person upon
a determination that the person drove or was in actual physical control of a motor vehicle
while the amount of alcohol in the blood of the person was above the legal limit. (b) The
director, or his or her agent, shall suspend the driving privilege of any person upon a determination
that the person refused a test to determine the amount of alcohol in the blood of the person
as provided in Section 32-5-192. (c) The director, or his or her agent, shall make a determination
pursuant to subsections (a) and (b) based on the report of a law enforcement officer required
in Section 32-5A-301, and this determination shall be final unless an administrative review
is requested under Section 32-5A-306 or a hearing is held under...
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32-5A-306
Section 32-5A-306 Administrative review. (a) Any person who has received a notice of suspension
or a notice of intended suspension under this article may request an administrative review.
The request may be accompanied by a sworn statement or statements and any other relevant evidence
which the person wants the director, or his or her agent, to consider in reviewing the determination
made pursuant to Sections 32-5A-300 and 32-5A-302. (b) When a request for an administrative
review is made, the director, or his or her agent, shall review the determination made pursuant
to Sections 32-5A-300 and 32-5A-302. In the review, the director, or his or her agent, shall
give consideration to any relevant sworn statement or other evidence accompanying the request
for the review, and to the sworn statement of the law enforcement officer required by Section
32-5A-301. If the director, or his or her agent, determines, by a preponderance of the evidence,
that the person drove or was in actual physical...
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32-5-192
Section 32-5-192 Implied consent; when tests administered; suspension of license or permit
to drive, etc., for refusal to submit to test. (a) Any person who operates a motor vehicle
upon the public highways of this state shall be deemed to have given his consent, subject
to the provisions of this division, to a chemical test or tests of his blood, breath or urine
for the purpose of determining the alcoholic content of his blood if lawfully arrested for
any offense arising out of acts alleged to have been committed while the person was driving
a motor vehicle on the public highways of this state while under the influence of intoxicating
liquor. The test or tests shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving a motor vehicle upon
the public highways of this state while under the influence of intoxicating liquor. The law
enforcement agency by which such officer is employed shall designate which of...
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32-5A-304
Section 32-5A-304 Period of suspension; relation to Section 32-5A-191. (a) A driving privilege
suspension shall become effective 45 days after the person has received a notice of intended
suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension
by mail as provided in Section 32-5A-302 if no notice of intended suspension was served. (b)
The period of driving privilege suspension under this section shall be as follows: (1) Ninety
days if the driving record of a person shows no prior alcohol or drug-related enforcement
contacts during the immediately preceding five years. (2) One year if the driving record of
a person shows one prior alcohol or drug-related enforcement contact during the immediately
preceding five years. (3) Three years if the driving record of a person shows two or three
alcohol or drug-related enforcement contacts during the immediately preceding five years.
(4) Five years if the driving record of a person shows four or more...
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32-5A-307
Section 32-5A-307 Administrative hearing. (a) Any person who has received a notice of intended
suspension pursuant to Section 32-5A-303 or a notice of suspension pursuant to Section 32-5A-302
where no notice of intended suspension was served may request an administrative hearing. A
request for an administrative hearing shall be in writing and shall be hand delivered or mailed
to the Alabama Department of Public Safety, Driver License Division, in Montgomery, Alabama.
The request shall be received by the department or be mailed and postmarked within 10 days
of the notice of intended suspension issued pursuant to Section 32-5A-303 or the notice of
suspension issued pursuant to Section 32-5A-302 where no notice of intended suspension was
served. Failure to request an administrative hearing within 10 days shall constitute a waiver
of the person's right to an administrative hearing and judicial review under this article.
If the driver's license of the person has not been previously...
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32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has been
cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's license
issued in this or another state or whose driving privilege as a nonresident has been cancelled,
denied, suspended, or revoked as provided in this article and who drives any motor vehicle
upon the highways of this state while his or her license or privilege is cancelled, denied,
suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500),
and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines,
fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional
penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace
Officers Standards and Training Fund. Also, at the...
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32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
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32-5-200
Section 32-5-200 Consent to blood test; definitions; incapacity; refusal to submit to test;
notice of suspension, etc., of license; hearing; appeal. (a) Any person who operates a motor
vehicle on the public highways of this state who is involved in an accident that results in
death or a serious physical injury to any person shall be deemed to have given consent to
a test of his or her blood for the purpose of determining the alcoholic content of his or
her blood or the presence of amphetamines, opiates, or cannabis. The test or tests shall be
administered at the direction of a law enforcement officer having reasonable grounds to believe
that the person, while driving a motor vehicle on the public highways of this state, was under
the influence of alcohol, amphetamines, opiates, or cannabis. The person shall be informed
by the law enforcement officer who is investigating the accident that failure to submit to
a test will result in the suspension of his or her privilege to operate a...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification
or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of
Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be
subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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