In Alabama, by obtaining a driver’s license, you automatically consent to take a breathalyzer test if a law enforcement officer suspects you of driving under the influence (DUI). This is known as the “implied consent law,” which means that if you are lawfully arrested under the suspicion of DUI, you are expected to comply with the request for a breath test to determine your blood alcohol content (BAC).
Knowing the law and what may happen if you refuse a breathalyzer test is important.
Refusing a breathalyzer test: What It means
If you choose to refuse a breathalyzer test in Alabama subsequent to a DUI arrest, be aware that there are immediate consequences. Refusal triggers an automatic administrative penalty. Your driver’s license will be suspended for 90 days for a first-time refusal.
The length of suspension increases with subsequent refusals—up to one year for repeat offenses. Additionally, this refusal can be used as evidence in court, potentially implying that you had something to hide.
Consequences beyond license suspension
Refusing a breathalyzer does not mean you avoid DUI charges. Law enforcement officers can still arrest you based on observed signs of intoxication, such as erratic driving, slurred speech or the smell of alcohol. In court, your refusal to submit to testing may be presented as an indication of possible intoxication, which can weaken your defense.
Can you challenge a breathalyzer refusal?
Yes, you can challenge the suspension or consequences of refusing a breathalyzer. This involves a hearing with the Alabama Department of Public Safety. During this administrative process, you may present your case, dispute the grounds for the arrest or question the legality of the breathalyzer request.
While refusing a breathalyzer test in Alabama is an option, it has serious repercussions, including automatic license suspension and potential negative implications in court. Understanding these consequences is essential for making informed decisions if you find yourself in such a situation.
