Can I Refuse A Sobriety Test In Alabama?

All states have some kind of DUI laws in place, which includes the legal blood alcohol content (BAC) limit and the legal age of drinking in general. Alabama is also one of the states that have what is called implied consent. According to the law, you consent to take a chemical test of your blood, breath, or urine to determine your BAC just by driving on a public road.

If you are lawfully arrested by an officer who believes you may be under the influence of drugs or alcohol, at the time of the arrest, law enforcement should inform you of the consequences of refusing to take a sobriety test. If you refuse, your license will automatically be suspended for 90 days, regardless of whether or not you were actually drinking. For second or third offenses, you could face at least a year of license suspension if not more, depending on the circumstances.

Taking a sobriety test will not usually help your case when you are arrested for a DUI. You may be tempted to refuse the test because a 90-day suspension is lighter than a DUI conviction. However, refusing the test doesn’t guarantee you won’t be convicted. The prosecution can also be used against you in court as proof you were actually intoxicated and didn’t want to be proven guilty.

Penalties for a DUI can be particularly extreme. Make sure you have someone on your side who can offer you excellent representation. Our experienced Birmingham DUI attorney, Jay Tidwell, is a highly rated lawyer who is dedicated to providing skilled advocacy for his clients. If he takes your case, he will take the time to prepare an exhaustive defense for you because he believes hard work and thorough research and investigation are what can lead to successful case outcomes. Let us we what we can do for you. Contact us at (205) 536-7770 or fill out our online form to schedule a case consultation today.