Implied consent: What does it mean in Alabama?

On Behalf of | Sep 15, 2023 | DUI |

Like many other states, Alabama enforces implied consent laws. These laws pertain to drivers who are said to be under the influence. In many cases, they are under the influence of alcohol, but it’s important to know that police officers do stop people from driving under the influence of illegal drugs, prescription medications and things of this nature, as well.

In any case, implied consent simply says that any driver who gets behind the wheel of a vehicle is consenting to a blood alcohol concentration (BAC) test in the event that they are arrested under suspicion of impairment.

By virtue of being a driver at all, you are saying that you will take a test if it is requested post-arrest by a law enforcement officer. What this means is that an officer’s request that you take a roadside breath test or a blood test at a police station is not just a request. You have already said that you will do so, and under the law, you are required to do it.

Can you still refuse?

Yes, you can refuse the test. The police officer is not going to force you to take it. Some drivers do refuse, knowing that they don’t want to fail the test and have that on their record.

However, it’s important to know that you can face ramifications just for refusing the test. Whether you are completely sober or well over the legal limit, if you refuse it, you could still be arrested and lose your driver’s license. The ramifications become more severe, with a longer license suspension, for each subsequent refusal.

All of this can be very complicated if it’s happening to you for the first time, and you may be worried about your future. This is why it’s so important to understand all of the legal options you have at your disposal. Seeking legal guidance as proactively as possible is very important, as a result.