Alabama DUI Implied Consent

Each year, hundreds of Alabama drivers are arrested for drunk driving after unsuccessfully performing a breath or other chemical test. As a result, many drivers may have second thoughts about taking them. Unfortunately, while their concerns about chemical testing may be understandable—and in some cases, completely warranted—Alabama DUI Implied Consent laws require their compliance.

If you’ve never heard of implied consent laws, you’re not alone. Most drivers are completely unaware of this legal stipulation, which requires drivers to submit to chemical testing (breath, blood, and urine tests) if a law enforcement officer asks him or her to do so.

How is this possible? Think back to the day you got your driver’s license. Remember that stack of forms you had to complete? One of those required documents included a notice about Alabama’s implied consent law—which means, if you have a driver’s license, you signed it.

Of course, there are many stipulations surrounding the implied consent law. First and foremost, a police officer cannot request chemical testing if he or she does not have a valid reason to suspect you are intoxicated. For example, simply speeding, running a red light, or committing another minor traffic offense does not give the officer reasonable cause to ask you for a breath, blood, or urine test.

If pulling someone over doesn’t give the officer a reason to suspect DUI, how exactly does he or she determine whether a driver is intoxicated? Simple—by watching you. In fact, after stopping you, the officer will be on the lookout for certain signs, such as bloodshot eyes, slurred speed, argumentative behavior, and other classic “drunk behaviors.”If any of these signs are present, or the officer sees an open container of alcohol in your vehicle or smells alcohol on your breath, he or she can then request a breath, blood, or urine test.

So what happens if you refuse to perform the test? You will not only be arrested and charged for violating the implied consent law, but your driver’s license will also be automatically suspended for 90 days. In addition, you will probably still be charged with DUI, and face penalties such as jail time, fines, and an even longer license suspension. In some cases, you may even be penalized more severely for refusing a breath test than for failing!

Fortunately, you can fight your charges and avoid the many penalties associated with a DUI and/or implied consent violation. If you refused to submit to chemical testing, for example, and the officer did inform you of the consequences, your case may be dismissed. Likewise, if the officer cannot prove that he or she had probable cause to suspect you were intoxicated, the charges against you could be dropped.

To determine the best defense strategy for your case, contact the Whitney B. Polson DUI Defense Office today. With a full team of experienced trial attorneys exclusively who specialize exclusively in DUI law, our firm has in-depth knowledge of Alabama’s complex DUI and implied consent laws.

Put one of Alabama’s most successful legal teams to work for you. Submit your case online now for a free, no-obligation consultation.