Thomas pleaded guilty to felony driving under the influence and was sentenced to two years’ imprisonment. The court also ordered the indefinite suspension of Thomas’s driver license. Section 32-5A-191(h) provides, in part, “In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver’s license of the person convicted for a period of five years.” The trial court’s order of an indefinite suspension exceeded the five year period provided in 32-5A-191(h); therefore, that part of the defendant’s sentence was illegal. ¹

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¹ See, however, Code of Alabama, 1975, section 32-5-316 which states: “Whenever a defendant is convicted by any court of competent jurisdiction of operating a motor vehicle in violation of any criminal statute or ordinance, the court trying the case may, in addition to the other punishment fixed by law, enter an order forbidding such person to drive a motor vehicle upon any street or highway in the State of Alabama for a period to be specified by the court, or perpetually, as the court may determine.”