What Is Implied Consent?
Alabama is an “implied consent” state, which means that the law considers you to consent to taking a roadside breath test for blood alcohol content (BAC) every time you get behind the wheel. Thus, refusing to take the breath test if you were pulled over for driving under the influence (DUI) can have serious consequences. It is important to know when to take the test and what your rights are regarding the roadside breath tests. If you have been stopped for DUI and took the test or refused, make sure to work with an experienced Baldwin County implied consent defense lawyer to protect your rights.
At Beckdefense, we have more than 35 years of combined experience handling criminal law matters, including DUI and implied consent issues. Our founding attorney, John W. Beck, worked as a prosecuting attorney and has handled thousands of criminal trials. We know your rights, and we know how to defend you against DUI charges and failure to take the breathalyzer test.
Refusing To Take The Breath Test
Since Alabama has implied consent, you could be facing civil and administrative sanctions for refusal to blow for the breathalyzer if you have been stopped for DUI, including license revocation and the interlock device. Implied consent in Alabama only refers to taking this test after you have been arrested; it does not necessarily apply to other roadside sobriety tests.
There are a number of problems with all of the breathalyzer tests that the police use to determine intoxication. There are technical problems with the machines themselves. Foreign objects in the mouth, like a breath mint or candy, can skew the results. Further, any violation of your rights, including an illegal stop or illegal search and seizure, could render the breathalyzer results inadmissible in court.
Talk with an experienced lawyer. We will examine the facts of your case and the details surrounding the administration of the breath test. If there is anything we can use to improve your chances in court, we will find it.