DUI in Alabama

Reader’s Question:

I haven’t been pulled over for any traffic violation. But it has been very alarming because a lot of people that I know has been caught and charged with DUI. If the same thing happens to me here in Alabama, should I refuse the Breathalyzer?

Dawn

Huntsville, AL

To answer your question whether you should take the Breathalyzer or not is, it depends. There is actually no good definitive answer to this question in Alabama. The only proper answer is that it depends on the circumstances. Your license and/or driving privileges to drive in Alabama will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits if you refuse the Breathalyzer test. In this case, the chances of winning are so slim.

In the Breathalyzer case, state of Alabama must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Alabama while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. The state will typically still charge you with criminal DUI based on the officer’s observations even if you refuse. A lot of towns and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least six months) at the refusal hearing.

For an offense within five years if you lose the Breathalyzer case, the penalty will be six months to twelve months loss of license as well as fines, community service and driver retraining. You would also be required to obtain expensive insurance on your automobile. The only advantage of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record.

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Tags: Arraignment, Breathalyzer Test, Criminal Case, Criminal Conviction, Definitive Answer, Driving Privileges, DUI, First Refusal, Huntsville Al, Merits, Minimum Sanctions, Motor Vehicle, Probable Cause, Proper Answer, Reasonable Suspicion, Retraining, State Of Alabama, Towns And Cities, Traffic Violation, Twelve Months