The licensee is entitled as a matter of right to a due process pre-suspension administrative hearing before an agent or officer of the Department of Public Safety. Any delay in submission, or failure to submit a notarized form will render the license removal process invalid. The AST-60 must be sworn to and notarized and submitted (or mailed and postmarked) to the Department of Public Safety within five business days after the day of the arrest, excluding weekends and state holidays. The arresting officer must promptly complete the form used to process the Notice of Intended Suspension, the AST-60 form.
07% or less, or any controlled substance DUI arrest, or any out-of-state driver license has no application and any seizure of the driver license by the arresting officer is invalid. 08% or higher and to breath test refusals, and is applicable only to Alabama driver licenses. The Administrative License Suspension statute is applicable only to breath tests with the results of. Due to the exact wording of the Implied Consent Law, the Administrative License Suspension statute applies only to alcohol related offenses and only to arrests for DUI made on the “public highways of this state.” Arrests made on private property for DUI will not support a license removal action 1. The Administrative License Suspension tracks the language of the Implied Consent law located in 32-5-192 in that only a lawful arrest for DUI will support a license suspension.
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