Section 32-5A-306

Administrative review.

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) Any person who has received a notice of suspension or a notice of intended suspension under this article may request an administrative review. The request may be accompanied by a sworn statement or statements and any other relevant evidence which the person wants the Secretary of the Alabama State Law Enforcement Agency, or his or her agent, to consider in reviewing the determination made pursuant to Sections 32-5A-300 and 32-5A-302.

(b) When a request for an administrative review is made, the secretary, or his or her agent, shall review the determination made pursuant to Sections 32-5A-300 and 32-5A-302. In the review, the secretary, or his or her agent, shall give consideration to any relevant sworn statement or other evidence accompanying the request for the review, and to the sworn statement of the law enforcement officer required by Section 32-5A-301. If the secretary, or his or her agent, determines, by a preponderance of the evidence, that the person drove or was in actual physical control of a motor vehicle with 0.08 percent or more by weight of alcohol in the blood, or the person refused the test, the secretary, or his or her agent, shall sustain the order of suspension or suspend the driver's license or driving privilege of the person if no order of suspension has been issued. If the evidence does not support such a determination, the secretary, or his or her agent, shall rescind the order of suspension or take no suspension action if an order of suspension has not been issued. The determination by the secretary, or his or her agent, upon administrative review is final unless a hearing is requested under Section 32-5A-307.

(c) The secretary, or his or her agent, shall make a determination upon administrative review prior to the effective date of the suspension order if the request for review is received by the agency within 10 days following service of the notice of intended suspension. Where the request for administrative review is received by the agency more than 10 days following service of the notice of intended suspension, the secretary, or his or her agent, shall make the determination within 30 days following the receipt of the request for review.

(d) A request for administrative review shall not stay the driving privilege suspension or revocation. If the secretary, or his or her agent, is unable to make a determination within the time limits specified in subsection (c), the secretary or agent shall stay the suspension pending the determination.

(e) The request for administrative review shall be in writing and may be made by mail or in person to the Alabama State Law Enforcement Agency, Driver License Division, Montgomery, Alabama. A person may request an administrative review at any time within 90 days of the notice of suspension under Section 32-5A-302 or the notice of intended suspension under Section 32-5A-303.

(f) A person may request and be granted a hearing under Section 32-5A-307 without first requesting administrative review under this section. An administrative review is not available after a hearing is held.

(Acts 1996, No. 96-322, p. 388, §7; Act 99-598, p. 1383, §1; Act 2021-498, §2.)