SB313 Alabama 2018 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2018

Title

Motor vehicles, administrative driver license, suspension, Sec. 32-5A-304 am'd.

Summary

SB 313 would extend suspension credit toward DUI suspensions to administrative suspensions for BAC above the legal limit or implied-consent refusals, and require removal of those administrative suspensions from driving records if related charges are dismissed or acquitted.

What This Bill Does

The bill would amend Section 32-5A-304 to allow time served on any administrative license suspension to count toward the duration of a DUI suspension. It would require the Alabama State Law Enforcement Agency to rescind the administrative suspension order and remove it from the driving record when the related DUI charge is dismissed, nolle pros, or acquitted for suspensions based on BAC above the limit or implied-consent refusals. It extends these credits and removal rights to administrative suspensions under implied consent laws, not just those tied to DUI convictions. The existing suspension duration rules remain, and commercial license exceptions continue to apply to removal provisions.

Who It Affects

• Non-commercial drivers whose licenses are administratively suspended for having a BAC at or above the legal limit or for refusing to submit to a chemical test; they would receive credit toward DUI suspensions and could have the admin suspension removed if related charges are dismissed or acquitted (with CDL exclusions).
• Commercial drivers, CDL holders, CDL learners, and others operating commercial motor vehicles; they are excluded from removal of the administrative suspension under these changes.

Key Provisions

• Allows credit for time served under any administrative license suspension toward the duration of a DUI suspension.
• Requires the Alabama State Law Enforcement Agency to rescind the administrative suspension and remove it from the driving record if the related DUI charge is dismissed, nolle pros, or acquitted for BAC or implied-consent suspensions.
• Extends credit and removal provisions to administrative suspensions for BAC above the legal limit or refusals under implied consent laws.
• Keeps the existing suspension duration framework (90 days, 1 year, 3 years, 5 years) based on prior enforcement contacts, including the definition of 'alcohol or drug-related enforcement contacts' and the rule of counting at most one such contact per DUI arrest.
• Excludes commercial driver license holders, commercial learners, and those operating a commercial motor vehicle from the removal provisions.
• Effective date: the act becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles