In addition to any other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for a period of six months the driver’s license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction, adjudication, or finding of delinquency, the individual did not have a driver’s license or the driver’s license had been suspended or revoked, there shall be a delay in the issuance or reinstatement of the driver’s license for six months after the individual applies for issuance or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient drug or alcohol rehabilitation facility, the suspension required by this section shall be effective immediately. If the individual voluntarily enters an in-patient drug or alcohol rehabilitation facility as a resident and the court approves the treatment either before or after treatment, the time in the treatment program shall be credited against any period of suspension required by this section. If ordered by a court to enter a facility, the individual shall surrender his or her driver’s license to the court and the court shall destroy the license. The individual shall receive credit for the time actually spent in a facility if he or she is released by the facility because the treatment is complete or the facility certifies that completion is not necessary. The Alabama State Law Enforcement Agency shall be notified by the court within 10 days by mail, fax, or electronic means of the status of the individual’s license.
(Acts 1993, No. 93-352, §1; Act 2009-658, p. 2026, §1.)
Notes of Decisions
Cited in
7
cases, 1995–2011 · leading case:
Harris v. State, 826 So. 2d 897 (Ala. Crim. App. 2000).
Harris v. State, 826 So. 2d 897 (Ala. Crim. App. 2000).
· cites it 6× “Code 1975; failed to suspend Harris’s driving privileges as provided in § 13A-12-290, Ala. Code 1975; and failed to impose the mandatory $100 assessment for the Alabama Forensic Services Trust Fund as provided in § 36-18-7(b), Ala.”
R.T.M. v. State, 677 So. 2d 801 (Ala. Crim. App. 1995).
· cites it 9× “I The appellant argues that § 13A-12-290, Code of Alabama 1975, contradicts and violates the provisions of § 15-19-7, Code of Alabama 1975, part of the Youthful Offender Act.”
Spooney v. State, 844 So. 2d 615 (Ala. Crim. App. 2002).
“Additionally, the trial court is to indicate on the record that Spooney's driving privileges should be suspended by the Department of Public Safety, as provided by § 13A-12-290, Ala.Code 1975. Finally, the trial court is to clarify its entry on the case action sheet that…”
Ricketson v. State, 766 So. 2d 981 (Ala. Crim. App. 2000).
“Code 1975, and under § 13A-12-290, Ala.Code 1975, with regard to the appellant’s driver’s license, were not specifically set out in the present case.”
RTM v. State, 677 So. 2d 801 (Ala. Crim. App. 1995).
· cites it 10× “I The appellant argues that § 13A-12-290, Code of Alabama 1975, contradicts and violates the provisions of § 15-19-7, Code of Alabama 1975, part of the Youthful Offender Act.”
Lewis v. State, 794 So. 2d 1241 (Ala. Crim. App. 2000).
“Pursuant to § 13A-12-290, Ala.Code 1975, the Department of Public Safety has the authority to suspend a defendant's driver’s license, not the trial court.”
People v. Rohn, 55 V.I. 100 (2011).
“Ala. Code § 13A-12-290 (West 2010) (six-month suspension); Ark.”
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