Alabama Breathalyzer Test Refusal

Although most people are unaware of it, Alabama’s implied consent law requires drivers to comply with any law enforcement officer’s request to conduct breath, blood, or urine testing if they are suspected of driving under the influence of alcohol (DUI). As a result, an Alabama breathalyzer test refusal is a serious crime—and being convicted of the offense can often lead to some very hefty penalties.

As the name implies, a breathalyzer works by analyzing a person’s breath to determine the amount of alcohol present in his or her bloodstream—a ratio known as blood alcohol concentration, or BAC. Like all states, Alabama’s per se DUI law restrict drivers from operating a motor vehicle if they have a blood alcohol content (BAC) of 0.08% or higher, regardless of their ability to drive.

So just what happens if you decide not to take a breathalyzer? First, you can expect to be arrested and charged for violating the implied consent law. And, while your refusal may prevent the officer from determining your BAC, you will still be charged with DUI and face the penalties associated with the offense. In addition, your driver’s license will be automatically suspended one the Department of Motor Vehicles (DMV) is notified of your arrest.

The good news is that, if you are arrested for refusing a breathalyzer, you may be able to appeal your license suspension by requesting an administrative hearing with the DMV. However, from the time of your arrest, you have just ten days to request this proceeding; otherwise, the suspension will remain in effect for 90 days or longer.

Fortunately, with the right defense strategy, many drivers are able to avoid a license suspension and many of the other penalties associated with a breathalyzer test refusal and/or DUI charge. In some cases, you may be able to negotiate a reduced sentence or get your case dismissed.

The Whitney B. Polson DUI Defense Office exclusively handles Alabama DUI cases, including breathalyzer test refusals. Since 2004, our team of skilled trial lawyers has helped hundreds of drivers like you avoid the life-altering repercussions of a DUI conviction. During this time, we’ve become well-versed in Alabama DUI law, as well as the most successful defense strategies for avoiding a DUI conviction.

Protect your rights and your criminal record. Put one of the state’s top DUI defense firms to work for you. Get started today—submit your information online to have one of our skilled defense attorneys review your case. There’s no obligation or cost for the evaluation, so what have you go to lose?