Ala. Code
Code of Alabama

Ala. Code § 32-5A-300 (2026)

Determinations Requiring Suspension of Driving Privileges; Basis for and Finality of Determination.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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(a) The Secretary of the Alabama State Law Enforcement Agency, or his or her agent, shall suspend the driving privilege of any person upon a determination that the person drove or was in actual physical control of a motor vehicle while the amount of alcohol in the blood of the person was above the legal limit.

(b) The secretary, or his or her agent, shall suspend the driving privilege of any person upon a determination that the person refused a test to determine the drug or alcohol content in the blood of the person as provided in Section 32-5-192.

(c) The secretary, or his or her agent, shall make a determination pursuant to subsections (a) and (b) based on the report of a law enforcement officer required in Section 32-5A-301, and this determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under Section 32-5A-307.

(d) The determination of these facts by the secretary, or his or her agent, is independent of the determination of the same or similar facts in the adjudication of any criminal charges arising out of the same occurrence.

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

Notes of Decisions
Cited in 5 cases, 2002–2018 · leading case: Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017).
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Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017). · cites it 4× “Ala. Code 1975, § 32-5A-300(a) and (b). Another portion of Article *871 14, Ala.”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). · cites it 3× “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). · cites it 3× “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Alabama Dep't of Pub. Saf. v. Clark, 865 So. 2d 1199 (Ala. Civ. App. 2003). · cites it 2× “That act is now codified at § 32-5A-300 et seq., Ala.Code 1975. Under § 32-5A-300(a), Ala.”
Cooley v. State Dep't of Pub. Saf., 827 So. 2d 124 (Ala. Civ. App. 2002). “” DPS further stated that based upon that report the director of DPS had suspended Cooley’s driver’s license pursuant to § 32-5A-300 through § 32-5A-309, Ala.Code 1975.”
Ala. Code § 32-5A-300(a): 4 cases
Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017). “Ala. Code 1975, § 32-5A-300(a) and (b). Another portion of Article *871 14, Ala.”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Alabama Dep't of Pub. Saf. v. Clark, 865 So. 2d 1199 (Ala. Civ. App. 2003). “That act is now codified at § 32-5A-300 et seq., Ala.Code 1975. Under § 32-5A-300(a), Ala.”
Ala. Code § 32-5A-300(b): 1 case
Taylor v. Harvey, 257 So. 3d 869 (Ala. Civ. App. 2017). “Ala. Code 1975, § 32-5A-300(a) and (b). Another portion of Article *871 14, Ala.”
Ala. Code § 32-5A-300(c): 2 cases
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Ala. Code § 32-5A-300(d): 2 cases
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
Ala. Law Enf't Agency v. Carter, 263 So. 3d 1072 (Ala. Civ. App. 2018). “" § 32-5A-300(a), Ala. Code 1975. That determination is based on the report of the law-enforcement officer who made the arrest of that person, and the "determination shall be final unless an administrative review is requested under Section 32-5A-306 or a hearing is held under…”
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