Reader’s Question:

If I was arrested by the police officer in Alabama, should I agree to take a blood alcohol test? What happens if I don’t agree?

Mark

Birmingham, AL

If you do not want to take the test nor are unsure whether to take it or not, ask the Alabama officer if you can call a lawyer before you make your decision. They most likely will not give you the opportunity. You need to talk to the police courteously and politely and be firm with your request to talk to a lawyer before deciding whether you will take a test or not. The police officer will then tell you that you cannot get a lawyer. Just keep insisting that you are requesting to talk to a lawyer. The officer will then eventually tell you that if you do not agree then they will consider that you are refusing. You will have set a stage for a jury trial. The prosecutor cannot also argue that you refused to take the test because you knew you would fail.

The truth is that even if you pass the chemical test, you can still be charged with DWI. You were actually arrested because the officer formed the opinion that you had lost the normal use of your physical and mental faculties when he stopped you. At this point, the officer did know what, if any, the alcohol level was in your body. Even if you pass the chemical test, the officer can still charge you with DWI. But if you pass the test you will not lose your driver’s license.

If you fail the test, you will be charged with DWI. Depending on the result of the Administrative License Revocation hearing, you may not lose your driver’s license. If you fail, the officer shall immediately take your driver’s license from you and give you a temporary driving permit. It is necessary for you to request an ALR hearing.