If the cops pull you over on suspicion of drunk driving, you likely want to do everything in your power to get the interaction over with as quickly as possible. It can leave you feeling uncertain about your future, especially with the possibility of an arrest.
Alabama law enforcement officers may ask you to take a breathalyzer test or undergo field sobriety tests during a DUI stop, which you may not want to do. Understanding your options and their implications can help you make informed decisions if you ever find yourself in this situation.
Understanding breathalyzer tests and implied consent
Alabama’s implied consent law means that by driving on public roads, you agree to chemical testing if the law suspects that you are driving under the influence. However, while you still have the right to refuse a breathalyzer test, you really should consider the following:
- License suspension: Refusing a breathalyzer can result in an automatic 90-day license suspension.
- Court evidence: Prosecutors may use your refusal as evidence against you in court.
- Legal representation: If you’ve refused a test, consult with an attorney to understand your options.
Refusing a breathalyzer test can have grave consequences. Weigh your options carefully and remember that every situation is unique.
What about your right to refuse field sobriety tests?
Unlike breathalyzer tests, field sobriety tests (FSTs) do not fall under implied consent laws. You have the right to refuse these tests without automatic penalties. Here’s what you need to know about FSTs:
- Common types include the horizontal gaze nystagmus test and the walk and turn tests
- FSTs are subjective and could be influenced by factors that have nothing to do intoxication
- Refusing FSTs may limit the officer’s evidence for probable cause
While refusing FSTs might seem advantageous, it’s important to remain respectful and cooperative during any interaction with law enforcement.
If you find yourself facing a DUI charge, whether you refused tests or not, it can be helpful seeking legal advice promptly. Legal assistance can guide you through the legal process.