Can I Refuse An Alabama DUI Blood Alcohol Test?

August 6 2008 by author in Breath Tests |Comments Off

Reader’s Question:

Driving home one night here in Mobile, Alabama, I was asked to stop because the officer thought I was drunk driving. After I was asked some questions, he also asked me to do some roadside tests and breath test. I wasn’t arrested but I’m just curious to know if I will be arrested for DUI in the future, can I refuse a blood alcohol test at the police station?

Zac

Mobile, AL

If you will be arrested for DUI in Mobile, Alabama in the future, there are certain situations wherein you could refuse a blood alcohol test, but these situations are very rare. If you already provided the police officers a sample that gave them a valid result, you could definitely refuse to take a second blood alcohol test. However, if the police officer suspects that you are under the influence of a drug or other substance that breath tests could not detect, then you could be required to take a second test.

Moreover, just in case you have a physical disability that would make it impossible to take a blood alcohol test, you may be excused from the requirement, but it is up to you to tell the police officer of your disability so that a different type of test can be arranged, if possible. Aside from those special circumstances, refusing to take a test can have severe consequences and is usually not the wisest course of action. Not only that your refusal can be a damaging piece of evidence at trial, it could mean that your license will be revoked for a longer period of time. So with that being said, it would be up to you to weigh the potential negative consequences of refusing against the possibility of a test result that registers above the legal limit.

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