Once your driver’s license has been seized by an arresting officer and you have been served with an Official Notice of Intended Suspension and Driving Privilege and Affidavit (form AST-60), you will need to take immediate affirmative action in order to contest the proposed suspension. If you do not, the administrative suspension of your license will become effective forty-five (45) days from the date of arrest.
Requesting an administrative review and an administrative hearing is time critical, however. You need to submit your request within ten (10) days from the date you were served with the proposed Notice of Suspension. If you fail to do so, this could result in the suspension going into effect. If the 10-day period is already over, however, don’t give in to panic yet. There is still a chance that the proposed suspension will be allowed for review. Ask the Birmingham DUI lawyers of Polson & Polson about this provision in Alabama DUI law.
*Note: The Alabama Administrative Suspension Act allows the arresting officer on behalf of the Alabama Department of Public Safety to seize the driver’s license of a person “lawfully arrested” while driving on a public highway if such person either refuses to submit to chemical testing or submits a breath sample of .08 or higher by weight of alcohol. The arresting officer is required to serve the arrested driver with form AST-60 entitled “Official Notice of Intended Suspension and Driving Privilege and Affidavit.”
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