Zachary J. Peagler DUI/DWI Law Blog on Lawyers.com

Breath Test Refusal Information

Monday, November 16, 2009 by Zachary J. Peagler

Refusing a Breath Test for DUI

What happens if you are arrested for DUI in Alabama and refuse to take a chemical test?

Under Alabama’s implied consent law, anyone who is arrested while driving in the state is subject to chemical testing to determine their BAC, or blood alcohol concentration. This chemical testing may be performed in a variety of ways as BAC can be measured from your blood or urine, or through breath tests. Some tests are unreliable and may give inaccurate results.

Although you are legally obligated to submit to BAC testing, you may choose to refuse and face the consequences associated with your refusal. Your refusal may be construed as an admission of guilt or cause police officers to view you as uncooperative, but a conviction may be more difficult to obtain without BAC results.

By refusing you will automatically lose your driver’s license for 90 days. The 90 day suspension is the only remedy for refusal and is not negotiable. This suspension should be weighed against a possible DUI conviction and the associated criminal penalties.

The 90 day suspension is only for refusal of chemical tests and does not apply to field sobriety tests for which there is no legal requirement to participate. Suspension periods for BAC testing refusal increase with subsequent DUI offenses or for operators of commercial vehicles.

If you refuse one method of testing, you may be allowed to use an alternative test to measure your BAC. If you agree to testing, than you are legally entitled to additional testing by an independent agent that you must arrange and pay for yourself. Law enforcement, however, must make this testing available to you at your request.

You are not required to submit to chemical BAC testing unless you have been arrested and therefore may request to have an attorney present during testing. It is a good idea to consult with an experienced DUI attorney if you are ever faced with DUI charges.

This article has been provided courtesy of Lakeman & Peagler, L.L.C., Birmingham drunk driving attorneys, 205-588-8631, www.lakemanpeaglerlaw.com.

Posted at 13:21 PM

Topic: DUI/DWI