The license holder, Bell, appealed from a revocation order of his driver’s license following a guilty plea to DUI entered in an Alabama court and a previously entered plea of nolo contendere to a DUI charge in Georgia both within the past five years. The trial court reversed the director’s action and ordered Bell’s driver license reinstated, finding that the out-of-state nolo contendere plea could not be used to as a second conviction.

The Alabama Court of Civil Appeals held:

1. An Alabama resident whose license has been revoked may file a petition for a hearing in the circuit court of the county where the licensee resides if the revocation is not mandatory. Ala. Code 1975, §32-5A-195(q). The director of public safety is “authorized” to revoke an Alabama driver’s license upon notice of a conviction of an offense [committed in another state] that would support a revocation if committed in Alabama. § 32-5A-195(e). That Code section does not create a mandatory duty.

2. A plea of nolo contendere is “equivalent to a conviction for the purpose of suspending or revoking a driver’s license.” For the purposes of Alabama driver’s license law, a final conviction includes “a plea of nolo contendere accepted by the trial court.” § 32-5A-195(i).

Accordingly, the nolo contendere plea may be used to suspend or revoke a driver’s license. Citing Wolfsberger v. Wells, 528 So.2d 854 (Ala.Civ.App. 1988). The trial court erred by holding that the Georgia nolo contendere plea could not be used by the Department to enhance the period of time for the revocation.