Alabama Law Enforcement Agency
Driver License Hearing Request

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Types of Hearings

Points and General Hearings

If a Licensee has received enough traffic citations to warrant a point suspension, the Licensee may request a hearing. The purpose of the hearing is to permit the Licensee to present any legal or lawful reason why the suspension should not be imposed, or to determine if the Licensee is a candidate for a probationary status. In order for the Licensee to be eligible for a “pre-suspension hearing”, the hearing request must be submitted within 10 calendar days of the “notice mail date” as annotated on the notice of suspension. Requests made after 10 calendar days will result in a “post –suspension hearing” if granted by the Hearing Uni

Driving While Suspended/Revoked Hearings

Frequently, a Licensee will continue to operate a motor vehicle, even after the privilege to do so is suspended or revoked. Continuing to operate a vehicle during this time is, of course, unlawful and places such driver subject to being cited for a violation resulting in additional suspension/revocation time. In order to be eligible for a reduction in suspension/revocation time for these types of violations, the licensee must have no Driving While Revoked or Driving While Suspended violations that were issued within the (2) two year period from the date of request . The Licensee must also have no “other violations” requiring suspension or revocation time currently in effect that require mandatory suspension or revocation time to be served.

Administrative Suspension Hearings (DUI /Per Se Law)

You may request an administrative hearing if you wish to have the pending suspension reviewed formally with a hearing officer presiding. The request must be made within (10) ten calendar days of the arrest. The only issues for consideration at the hearing will be:

  1. Whether you were driving or were in actual physical control of a motor vehicle; and
  2. Whether your blood alcohol content (BAC) was equal to or exceeded the legal limit; or
  3. Whether you refused to submit to a chemical test of your breath after being lawfully directed to take the test, following your arrest for the offense of DUI.

*Administrative Review – You may request an administrative review of your particular circumstances. You must submit the request for an Administrative Review within (90) ninety days of the arrest. You nor your legal Representative will be present for the Administrative Review. This review will be conducted at our Headquarters building in Montgomery.

Interview and Investigation (I&I Hearing)

An I&I Hearing may be authorized when a Licensee is suspended or revoked for any reason after having been charged and convicted of any (3) three alcohol related offences within a (5) five year period or (5) alcohol related offences within a (10) year period of the date as of the request. Also, if there is any felony DUI conviction(s) within the last (10) ten year period from the date of request, an I&I hearing is required. Other factors to be considered will be arrests for drug possession / use related offences and any other alcohol related contacts such as public intoxication which will be screened by the hearing review board.

Welch Hearings

A driver whose privilege is suspended or revoked in another state may be afforded a hearing for consideration of the issuance of an Alabama License if he/she:

  1. Has served the amount of suspension time equal to the amount that Alabama would have required in suspension or revocation time had the licensee been a resident of Alabama.
  2. Has been a legal resident of the state of Alabama for at least one year.
  3. Has provided the Hearing Unit with a Motor Vehicle Record (MVR) of the state where the driving privilege is revoked or suspended. This MVR must be dated within the last (30) thirty days of the date of request.

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