Refusing Chemical Testing in Alabama
Lawyers for DUI Defense in Huntsville | Crumbley-Blackwell & Associates, P.C.
In the event that you’re arrested for driving under the influence (DUI/DWI) in Alabama, you will be required to submit to a breath, blood, or urine test at the police station to measure your blood alcohol concentration (BAC). Alabama has an “implied consent” law that states: by driving a vehicle on an Alabama public road, you’ve already consented to any chemical test (including breathalyzer) that an officer should request in the event of your lawful arrest. But what happens if you refuse to take this test?
A DUI chemical test refusal will result in an immediate suspension of your Alabama driver’s license. Suspension lengths are as follows:
- 90 days for a first refusal
- 1 year for a second or subsequent refusal
Upon refusal, the arresting officer will submit a sworn report claiming they had reasonable grounds to believe you were DUI and that you refused the breathalyzer test. Upon receipt of this report, the state of Alabama will suspend your license and notify you that you have a right to a DUI hearing and may contest your suspension before the department of motor vehicles (DMV). After this hearing, the DMV will either uphold or rescind your suspension. A DUI lawyer can help you prepare for this hearing and, in some cases, attend the hearing on your behalf.
Should I Submit or Refuse a DUI Test in Huntsville?
It’s almost never a good idea to refuse a roadside DUI test, as the consequences can oftentimes serve to worsen your situation. Depriving the state of evidence of your BAC will by no means guarantee your innocence, as the prosecution does not need to prove you were over the legal limit of 0.08% in order to secure your conviction. The state will only need to be able to prove that you were intoxicated to a point where you could no longer safely operate a motor vehicle, resulting in DUI. In fact, it is highly likely that your refusal will simply be seen as indicative of guilt. If you have been arrested for DUI/ DWI, it is best to submit to a test and contact a local DUI attorney as soon as possible to begin building your defense.
For more on this topic – visit our DUI FAQ page
If you or a loved one are facing license suspension following a DUI test refusal in North Alabama – it’s imperative that you contact a DUI lawyer immediately. Our DUI defense team has decades of combined experience and offers free phone and office consultations. Schedule your free consultation with a lawyer today by calling (256) 539-4464 or completing a case evaluation form online. Office locations in Athens and Huntsville, Alabama.