Driving after a DUI in Alabama: the Ignition interlock restricted driver license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Under § 32-5A-303 the officer serves a 'notice of intended suspension' on a person whose test shows 0.08 or more or who refuses, takes the license, and issues a temporary driving permit valid for 30 days. Under § 32-5A-307(a) a request for an administrative hearing must be in writing, hand delivered or mailed to the ALEA Driver License Division in Montgomery, and received or postmarked within 10 days of the notice of intended suspension (or of the mailed notice of suspension under § 32-5A-302 where no notice of intended suspension was served); failure to request within 10 days waives the right to an administrative hearing and to judicial review; a request does not stay the suspension; the hearing is held within 30 days of the request with five days' written notice, and the sole issues are whether the person drove with 0.08 or more or refused a test. Under § 32-5A-306 a written administra

“The request shall be received by the agency 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.”

Who can get it, and how soon

On a first conviction with a BAC under 0.15, ALEA's 90-day suspension is stayed if the offender elects to install an approved ignition interlock device for 90 days, presents proof of installation and obtains an ignition interlock restricted driver license; on a first conviction involving a refusal, a BAC of 0.15 or more, a passenger under 14, or injury to another person, the device is mandatory for one year and the suspension is stayed after a minimum of 45 days. Before conviction, a judge may require an IID as a condition of bond, in which case ALEA issues a restricted driver's license and the administrative suspension under § 32-5A-304 is stayed. ALEA's Hardship Driver License is not available to a person adjudicated or convicted of DUI, and ALEA states the ignition interlock law does not apply to CDL disqualifications.

“The 90-day suspension shall be stayed if the offender elects to have an approved ignition interlock device installed and operating on the designated motor vehicle driven by the offender for 90 days.”

Administrative track: under § 32-5A-303 the officer serves a notice of intended suspension and a 30-day temporary driving permit; under § 32-5A-304 the suspension (90 days for a person with no prior alcohol or drug-related enforcement contact in 10 years) takes effect 45 days after the notice, and time served is credited against the suspension imposed on conviction. The statute states no waiting period for the elective IID on a first conviction with BAC under 0.15 (the 90-day suspension 'shall be stayed' on election and proof of installation), and the administrative suspension is stayed before conviction only if a judge requires an IID as a condition of bond (§ 32-5A-191(n)(2)); no other pre-conviction driving privilege is stated, so failDays is recorded as null. For a first conviction involving a refusal, BAC 0.15 or more, a child under 14, or injury, a minimum of 45 days of the suspens

“After a minimum of 45 days of the license revocation or suspension pursuant to Section 32-5A-304 or this section, or both, is completed, upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation”

Conditions attached to the privilege

As stated by ALEA: upon conviction, whether the IID is elective or mandatory, the judge signs and forwards an order to ALEA; the offender has an approved IID installed (providers are approved by the Alabama Department of Forensic Sciences) and provides proof of installation to ALEA to obtain the ignition interlock restricted driver license; there is a $150 fee for this license; the IID term begins on issuance of the license and violations extend it by six months. Under § 32-5A-191(r)(1) a person ordered to install an IID, or who elects it to reduce a suspension, pays $200 to the court following conviction. Under § 32-5A-191(k)(1) ALEA may not reissue a driver's license to a convicted person without proof of completion of the court referral program; whether that applies before issuance of the restricted license is not stated on the fetched pages. No fetched ALEA page or statute states an

“The Offender shall have an approved IID installed in their vehicle and provide proof of installation to the ALEA to obtain the required ignition interlock restricted driver license. There is a $150 fee for this driver license.”

Where and when it allows driving

Driving is limited to a motor vehicle with the certified ignition interlock device installed and properly operating; the statute and ALEA state no purpose, hour or geographic limits for the ignition interlock restricted driver license. By contrast the Hardship Driver License (not available for DUI) is limited to work, church, education, programs, medical, grocery/household and voting purposes.

“Upon presentation of proof and compliance with all ignition interlock requirements, the agency shall issue a driver’s license with a restriction indicating that the licensee may operate a motor vehicle only with the certified ignition interlock device installed and properly operating.”

How it is issued

The licensing agency issues the Ignition interlock restricted driver license.

Official page: alea.gov

The statute: Ala. Code § 32-5A-191(e)

“The offender shall present proof of installation of the approved ignition interlock device to the Alabama State Law Enforcement Agency and obtain an ignition interlock restricted driver license.”