THE 10 DAY RULE AND YOUR DRIVER'S LICENSE
Did you know that after you have been arrested for DUI in Alabama, you have a 10 day window to apply to the Alabama Department of Public Safety to stop your license from being suspended?
Well here is how it works:
After you are arrested for DUI, the police will likely keep your license. In place of your license they give you a yellow piece of paper called Form AST-60. This form serves as your driver's license for 45 days after your arrest. The question is what happens after your 45 days? Generally the Department of Public Safety will suspend your license. This suspension is administrative - which just means that no judge reviews the suspension before it happens. But thanks to our Constitution you are entitled to Due Process which means that if you demand it, you get to have a hearing before your license is suspended. Here is where the 10-day rule comes into play. You have to request the hearing within 10 days of your arrest, or you waive your right to it.
What happens at the hearing:
At the hearing, the judge will only consider two issues; whether you were lawfully arrested for the offense of DUI and ordered to submit to the breath test AND if the results of the breath test were above the legal limit. (**Note that if you refused to take the breathalyzer, then you can stop reading right now. You are not entitled to this hearing. But you have bigger problems anyway, and you need to call a lawyer right away**)
Here are the ways that this hearing can help you:
- If the officer didn't file Form AST-60 within 5 days of your arrest, then there isn't any actual evidence against you.
- The arresting officer is unlikely to show up for the hearing which means you are only arguing against a piece of paper. ( Form AST-60)
-If you have grounds to challenge the validity of the breathalyzer then you get an opportunity to try your argument out on a DPS judge before you get to a criminal case.
- Let's say that you aren't at your best or most persuasive at the hearing - the decision at this hearing is subject to judicial review. That means that you can apply for a stay of the suspension pending your appeal. This may only delay the inevitable suspension, but during that delay you will still be able to drive to work. That ends up being really important, because DUI's are expensive. The court costs alone can be up to $2,000.00.
Well here is how it works:
After you are arrested for DUI, the police will likely keep your license. In place of your license they give you a yellow piece of paper called Form AST-60. This form serves as your driver's license for 45 days after your arrest. The question is what happens after your 45 days? Generally the Department of Public Safety will suspend your license. This suspension is administrative - which just means that no judge reviews the suspension before it happens. But thanks to our Constitution you are entitled to Due Process which means that if you demand it, you get to have a hearing before your license is suspended. Here is where the 10-day rule comes into play. You have to request the hearing within 10 days of your arrest, or you waive your right to it.
What happens at the hearing:
At the hearing, the judge will only consider two issues; whether you were lawfully arrested for the offense of DUI and ordered to submit to the breath test AND if the results of the breath test were above the legal limit. (**Note that if you refused to take the breathalyzer, then you can stop reading right now. You are not entitled to this hearing. But you have bigger problems anyway, and you need to call a lawyer right away**)
Here are the ways that this hearing can help you:
- If the officer didn't file Form AST-60 within 5 days of your arrest, then there isn't any actual evidence against you.
- The arresting officer is unlikely to show up for the hearing which means you are only arguing against a piece of paper. ( Form AST-60)
-If you have grounds to challenge the validity of the breathalyzer then you get an opportunity to try your argument out on a DPS judge before you get to a criminal case.
- Let's say that you aren't at your best or most persuasive at the hearing - the decision at this hearing is subject to judicial review. That means that you can apply for a stay of the suspension pending your appeal. This may only delay the inevitable suspension, but during that delay you will still be able to drive to work. That ends up being really important, because DUI's are expensive. The court costs alone can be up to $2,000.00.
