Intoxicated driving in Alabama is a serious criminal charge. During a DUI investigation, an officer may request a blood sample. This is especially true when an alleged suspect refuses a breathalyzer test or a police officer believes the suspect is intoxicated by drugs. If you do not agree to it, a warrant may be issued, and at that time, a blood sample will be taken with or without your consent. A lot of confusion surrounds what your rights and obligations are with respect to drunk driving and blood tests. To do one thing and not the other can have a significant impact on any criminal charges laid against you or administrative penalties imposed on you in Alabama.
At Guntersville Law, LLC, our DUI defense attorney in Marshall County wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a DUI investigation. Contact us today at 2565711529 to schedule a $100 thirty (30) minute consultation.
Can I Refuse a Blood, Breath, or Urine Test in Alabama?
The simple answer is yes. You have probably heard lawyers tell you not to blow if you are pulled over for a DUI. However, Alabama has responded by making harsh penalties for failur to follow the implied consent law.
The problem is this: implied consent laws.
When you obtain a driver's license and drive anywhere in the United States, you have implicitly implied to agree to obey the laws of each state, and each state has its own version of implied consent laws. Basically, by agreeing to obey the rules of the road, you also implicitly agree to chemical tests.
Thus, if you are suspected of drunk driving and are asked to consent to a breath or blood test but refuse, there are automatic administrative penalties placed on you. These penalties include fines and license suspension. Specifically
For a first refusal of a test within a 10-year period, for a period of 90 days.
For a second refusal of a test within a 10-year period, for a period of one year.
For a third refusal of a test within 10-year period, for a period of three years.
For a fourth or subsequent refusal of a test within a 10-year period, for a period of five years.
If you do refuse to give a blood sample (or refuse a breath sample), the police can quickly obtain a warrant to collect a sample. In the end, if you refuse, you will likely still have to give a blood sample.
Additionally, in the DUI Code, Code of Ala. § 32-5A-191, penalizes the failure to produce a sample as follows:
If, on a first conviction, any person refusing to provide a blood alcohol concentration, if a child under the age of 14 years was a passenger in the vehicle at the time of the offense, if someone else besides the offender was injured at the time of the offense, or if the offender is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood while operating or being in actual physical control of a vehicle, the Secretary of the Alabama State Law Enforcement Agency shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days and the person shall be required to have an ignition interlock device installed and operating on the designated motor vehicle driven by the offender for a period of one year from the date of issuance of a driver's license indicating that the person's driving privileges are subject to the condition of the installation and use of a certified ignition interlock device on a motor vehicle. Upon receipt of a court order from the convicting court, upon issuance of an ignition interlock restricted driver license, and upon proof of installation of an operational approved ignition interlock device on the designated vehicle of the person convicted, the mandated ignition interlock period of one year provided in this subsection shall start and the suspension period, revocation period, or both, as required under this subsection shall be stayed. The remainder of the driver license revocation period, suspension period, or both, shall be commuted upon the successful completion of the period of time in which the ignition interlock device is mandated to be installed and operational.
Contact Skilled DUI Defense Attorney Paul Seckel in Marshall County Today
At Guntersville Law, LLC, our DUI defense attorney understands the complex nature of Alabama intoxicated driving laws, the technical and scientific aspects of blood tests, and how to strategically fight the allegations to get the best outcome in your unique case.
We want you to know that just because you are charged with DUI offenses, it does not mean you will be found guilty. You can successfully defend against these types of charges, but you need an DUI defense lawyer who can help you do it. Call our office today at 2565711529 or fill out an online form to schedule a $100 thirty (30) minute consultation.
Here is the actual Code of Alabama
§ 32-5-192. Consent to testing; suspension of license; hearing. [As amended by Acts 2021, No. 21-387; Effective August 1, 2021]
(a) Any person who operates a motor vehicle on the public highways of this state shall be deemed to have given consent, subject to this division, to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor.
The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. The law enforcement agency that employs the officer shall designate which test or tests shall be administered. The person shall be told that his or her failure to submit to a chemical test will result in the suspension of his or her privilege to operate a motor vehicle for a minimum period of 90 days. If the person objects to a blood test, the law enforcement agency shall designate that one of the other tests be administered.
(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a) and the test or tests may be administered, subject to this division.
(c)
(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (a), none shall be given, but the Secretary of the Alabama State Law Enforcement Agency, upon the receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer, shall suspend his or her license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident, or if the person is a resident without a license or permit to operate a motor vehicle in this state, the secretary shall deny to the person the issuance of a license or permit as follows, subject to review as provided in subsection (e):
a. For a first refusal of a test within a 10-year period, for a period of 90 days.
b. For a second refusal of a test within a 10-year period, for a period of one year.
c. For a third refusal of a test within 10-year period, for a period of three years.
d. For a fourth or subsequent refusal of a test within a 10-year period, for a period of five years.
(2) If the person is acquitted on the charge of driving a motor vehicle upon the highways of this state while under the influence of intoxicating liquor, the secretary, in his or her discretion, may reduce the period of suspension.
(d)
(1) Upon suspending the license or permit to drive or the privilege of driving a motor vehicle on the highways of this state given to a nonresident or any person, or upon determining that the issuance of a license or permit shall be denied to the person, as provided in this section, the secretary, or his or her duly authorized agent, shall immediately notify the person in writing of the suspension and upon a request filed by the person, the secretary shall provide a hearing in the same manner as provided in Section 32-5A-307; except, that the scope of the hearing for the purposes of this section shall determine all of the following:
a. Whether a law enforcement officer had reasonable grounds to believe the person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor.
b. Whether the person was placed under arrest.
c. Whether he or she refused to submit to the test upon request of the officer.
(2) Whether the person was informed that his or her privilege to drive would be suspended or denied if he or she refused to submit to the test shall not be an issue.
(3) The secretary shall order that the suspension or determination that there should be a denial of issuance either be rescinded or sustained.
(e) If the suspension or determination that there should be a denial of issuance is sustained by the secretary, or his or her authorized agent upon the hearing, the person whose license or permit to drive or nonresident operating privilege has been suspended or to whom a license or permit is denied, under this section, shall have the right to file a petition in the appropriate court to review the final order of suspension or denial by the secretary, or his or her duly authorized agent, in the same manner as provided in Section 32-5A-307.
(f) Upon a determination that a nonresident's privilege to operate a motor vehicle in this state has been suspended, the secretary shall provide, in writing, the action taken by this state to the motor vehicle administrator of the state of the person's residence and to any state in which he or she has a license.
Code of Ala. § 32-5-192
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