› The roadside is not an ideal environment to perform an alcohol test or any other type of test. DUI penalties can be severe, so your defense will be crucial. Alabama recently passed a law that increases the penalty for convicted drunk drivers. In these cases, if you refuse the breathalyzer test, you might expect to double the minimum suspension penalty and be required to install a ignition lock device in your vehicle. In addition to licence suspension and a lock-in device, offenders guilty of impaired driving may also face excessive fines and jail time. An experienced lawyer can explore your defense options and work towards an optimal outcome in your case. The accuracy and reliability of blood alcohol testing in police stations is greater. Road breathalyzer tests can be refused in the right circumstances without penalties or consequences. In addition, you cannot refuse a breathalyzer test once you have been arrested.

You should expect a licence suspension if you refuse this test after arrest. Refusing a blood alcohol test could reduce the evidence presented against you in court. However, this could also result in the suspension of your license. You also have the right to refuse field culture tests, blood and urine tests. In any case, you should contact an experienced lawyer who can help you explore your defense options. In most cases, your licence will be suspended for 90 days if you refuse a breathalyzer test, but a lawyer may be able to suspend the suspension during the trial period. A common question drivers ask themselves is whether they should agree to take a breathalyzer test in case they are stopped by an Alabama agent. An officer cannot reveal at the time of the stop that a driver does have the right to refuse a test, but is that the right thing to do? Will you have harsher consequences if you refuse a test? Could a rejection lead to other legal problems in the future? Depending on the situation, evidence may be presented showing that the suspect was recently exposed to alcohol-containing chemical compounds that increased the concentration of alcohol in the breath without increasing the level of alcohol in the blood. It is also possible to show that the breath sample was not handled properly or that the breathalyzer was not working properly. You should also refuse the blood alcohol test in the field.

This is the test that is done when the agent asks you to blow into the handheld device. These devices may not be properly calibrated, the agent may not be trained to use them, and there may be other problems with the device. This should not be confused with the chemical test you will have to undergo if you are arrested and taken to custody. When you obtained a driver`s licence, you gave your tacit consent to take this chemical test if you were arrested because you were suspected of drunk driving. Refusal to take this test may result in automatic suspension of the driver`s license and other increased penalties. To take the test, you will be asked to blow into a portable breathalyzer (or “breathalyzer”) that measures your blood alcohol level (BAC). In Alabama, it is a crime to drive to a blood alcohol level of 0.08% or higher. If the roadside breath test (PAS test) shows that you have a blood alcohol level equal to or greater than 0.08, you will definitely be stopped. Many people confuse the preliminary breath test with the blood alcohol test, which they usually receive at the police station after an arrest for drunk driving.

These are two completely different tests, and the laws are different for everyone. If you have ever been arrested by Auburn police for DRUNK DRIVING, you must perform the chemical test (breath, blood, or urine) in the ward under Alabama`s implied consent laws. Portable breathing apparatus is notoriously unreliable Once you have been released, you will need to write down all the details you remember from the traffic stop and subsequent arrest. This includes the names of all the officials you met, where the traffic stop took place, what you were told and much more. Note where you drank, how much you must have drunk, the time of your last drink, everything you told the agent and whether you read your Miranda rights. It is important that you follow the officer`s instructions, otherwise you may be arrested before tests are conducted on suspicion of drunk driving. You also need to be polite when talking to the agent, no matter how the agent treats you. If the agent asks you to turn off the vehicle and leave the car, do it in time without making jerky movements. When asked about how much you drank, don`t answer with attitude or condescension. Were you arrested because you were suspected of drunk driving and subsequently charged? Whether it`s your first, second, or next charge of driving under the influence of alcohol, you should always contact an experienced attorney in Alabama. Call Darley Law, AL`s mobile office at 251-441-7772 to schedule a consultation today. To refute the result of your breath test in a DUI defense, an attorney at the DUI in Alabama may try to show that the breath test is not calibrated for your specific body composition and that standard formulas for converting breath alcohol concentration to BAC do not apply.

If you`re arrested in Auburn or a nearby Alabama community on suspicion of a DUI, you may be wondering what your legal rights are regarding a preliminary breath test (PBT) and a field culture test (FST). You will likely be asked to do both tests during the shutdown, and the officer will strongly imply that you are obligated to do them, or at least that it is in your best interest to do so. The truth is that you should not undergo any of the tests performed during a drunken stop and investigation, as they can only help law enforcement build a case against you. Do I have to refuse the chemical test if I am arrested for drunk driving? If you are not satisfied with the result, you have the right to appeal. Non-residents should note that the decision of the directors is forwarded to the appropriate body in their home country. For all of these proceedings, an experienced Defense Attorney from the Alabama DUI can represent you and fight for more favorable outcomes. Once you have been arrested in Alabama for drunk driving and permanently refuse to submit, you are subject to a 90-day suspension of the administrative license that takes effect 45 days after the arrest. In the event of a second or subsequent refusal of drunk chemical tests within five years, the period of suspension of the authorisation shall be extended to one year. This is in addition to the criminal penalties that are imposed if you are convicted of drunk driving. If you refuse to breathe, your license will be automatically suspended by the state for ninety (90) days.

If you are blowing and your blood alcohol level is greater than 0.08 grams per 100 milliliters of blood, your licence will also be suspended for a period of ninety (90) days. If you have been charged with drunk driving offences after undergoing a breath test, you may still be able to challenge the test results. Talk to an Alabama DUI attorney about your charges by filling out the form below or by calling 205.871.8838. The best decision you can make is not to drink alcohol at all and drive a vehicle, but if you are arrested for DUI, the experienced advocates at Dothan Law Group are ready to help. Contact one of the approved providers for a service center in your area. As we mentioned earlier, the purpose of the breath test is to give the officer a likely reason to stop you for drunk driving. Without the results of this test, the case may not reach the threshold for a probable cause. And if there is no probable reason for arrest, any evidence gathered after arrest (such as the results of the chemical test at the police station) could be considered inadmissible in court. If you haven`t drunk anything and are absolutely confident that you will pass the PBT, there is usually no good reason to take it. › The respiratory analyzers themselves are unreliable and are calibrated to calculate the blood alcohol level of an “average” person.

With nearly 40 years of experience on both sides of the courtroom, they will build a strong defense that considers all aspects of your arrest while fighting to protect your rights throughout the court process. This also includes fighting for your driving rights after an administrative ban due to a rejection. Your first consultation is free, so call us today at (256) 533-4529 to schedule yours. A first rejection (of the BAC chemical test) will result in an automatic 90-day administrative suspension of your driver`s license, and a second or subsequent rejection (within five years) will result in a one-year administrative suspension. This stay is separate from all criminal proceedings and sanctions resulting from your indictment for drunk driving. If you are arrested in Alabama on suspicion of DUI, you may be asked to take a roadside breath test. (Note that officials must have reasonable suspicion or probable reason to block the original DUI.) In my opinion, you should only blow if you are 100% sure that your blood alcohol level is below 0.08. If you drank alcohol before your arrest, it will obviously be almost impossible for you to make this decision.