When you see police lights reflecting in your rearview mirror, many different thoughts and questions will race through your head. Now, if you are leaving a restaurant, a friend’s house or a party, after having a drink or two, your first thoughts may focus on the breath test. Can you say no?
Breath test and implied consent
Alabama law loosely states that if you are operating a vehicle on Mobile highways, you have already given law enforcement consent to conduct a breathalyzer test, blood test or another lab test when there is reasonable suspicion of impaired driving and a proper arrest is conducted. You can still say no to testing as that is your constitutional right.
However, Alabama law also states that test refusal corresponds to automatic consequences, like a suspended license. The officer has the ability to seek a warrant to obtain a test, and you can still face consequences for a refusal, even if you are a resident of another state. Conviction on a DUI offense can result in sentences ranging from any combination of fines, incarceration, loss of license and more.
Criminal defense attorneys can help
In order for any testing to take place, you must be properly placed under arrest. You can ask if you are being placed under arrest and what the charges are, and if you are in custody, you may immediately request to speak with a Mobile, Alabama, attorney before answering any questions.
You do not have to make any statements or give any information. A criminal defense attorney can assist you in preparing a defense and helping you understand the types of consequences for the Alabama charges you face.