Section 32-5A-300

Determinations requiring suspension of driving privileges by director; basis for, and finality of, determination; relationship to disposition of criminal charges.

THIS SECTION WAS AMENDED BY ACT 2021-498 IN THE 2021 REGULAR SESSION, EFFECTIVE AUGUST 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The Secretary of the Alabama State Law Enforcement Agency, 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 secretary, 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 drug or alcohol content in the blood of the person as provided in Section 32-5-192.

(c) The secretary, 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 Section 32-5A-307.

(d) The determination of these facts by the secretary, or his or her agent, is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.

(Acts 1996, No. 96-322, p. 388, §1; Act 2021-498, §2.)