Section 32-5A-304

Period of suspension; relation to Section 32-5A-191.

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) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension by mail as provided in Section 32-5A-302 if no notice of intended suspension was served.

(b) The period of driving privilege suspension under this section shall be as follows:

(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.

(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding 10 years.

(3) Three years if the driving record of a person shows two prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.

(4) Five years if the driving record of a person shows three or more prior alcohol or drug-related enforcement contacts during the immediately preceding 10 years.

(5) For purposes of this section, "alcohol or drug-related enforcement contacts" shall include all suspensions under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI arrest may be considered by the agency in determining the period of suspension.

(c) If a license is suspended under this section for having 0.08 or more by weight of alcohol in the blood of the person and the person is also convicted on criminal charges arising out of the same occurrence for a violation of Section 32-5A-191, the suspension under this section shall be imposed, giving credit for suspension time served toward the duration of suspension or revocation required under Section 32-5A-191. If a license is suspended under this section for having 0.08 or more by weight of alcohol in the blood of the person and the criminal charge against the person for violation of Section 32-5A-191 is dismissed, nolle prossed, or the person is acquitted of the charge, the secretary shall rescind the suspension order and remove the administrative suspension from the person's driving record, except for those persons holding a commercial driver's license, a commercial learner's license, or a person operating a commercial motor vehicle.

(Acts 1996, No. 96-322, p. 388, §5; Act 99-598, p. 1383, §1; Act 2014-222, p. 712, §1; Act 2016-152, §1; Act 2021-498, §2.)