What Happens if You Are Charged With a DUI and Refuse to Take a Breathalyzer Test
Getting arrested for driving under the influence (DUI) can be a life-altering experience, especially if you’re asked to take a breathalyzer test and refuse. In Alabama, as in many states, DUI laws are strict, and refusing a breathalyzer test can have significant consequences.
While you might feel tempted to refuse the test, it’s important to understand the legal ramifications, including the penalties and how it could affect your case. I know the importance of understanding the consequences of DUI law.
This article will walk you through what happens if you refuse to take a breathalyzer test in Alabama, what your rights are, and how I, a skilled DUI lawyer at Josh Swords, Attorney At Law can help you work through the challenges of your case.
What Is DUI and Breathalyzer Testing in Alabama?
In Alabama, driving under the influence is defined by a driver’s blood alcohol content (BAC) being above the legal limit. The legal BAC limit is:
0.08% for drivers over 21 years of age
0.02% for drivers under 21 years of age
0.04% for commercial drivers
If a police officer pulls you over and suspects you of driving under the influence, they may request that you submit to a breathalyzer test. This test measures the amount of alcohol in your bloodstream by analyzing your breath. In many cases, the officer will ask you to take the test on-site as part of a DUI investigation.
Implied Consent Law in Alabama
Additionally, the concept of "implied consent" is crucial when it comes to understanding the legal obligations of drivers in Alabama. Essentially, this law states that by operating a motor vehicle in the state, you’re giving your implied consent to submit to a chemical test (such as a breathalyzer) if a police officer suspects you of DUI.
While you may believe that refusing a breathalyzer test could help avoid incriminating evidence, it can actually make things worse. If you refuse, Alabama law comes with strict penalties, including automatic consequences that apply whether or not you’re ultimately convicted of DUI.
Consequences of Refusing a Breathalyzer Test in Alabama
In Alabama, if you refuse to take a breathalyzer test after being arrested for suspicion of DUI, you’ll face both immediate and long-term consequences. These penalties are separate from the DUI charges themselves and are considered administrative sanctions. Let’s break down what will happen if you refuse a breathalyzer test:
License Suspension
One of the immediate penalties for refusing a breathalyzer test is the suspension of your driver’s license. The length of the suspension depends on whether it's your first, second, or subsequent offense. The following are the suspension periods in Alabama for refusing to take a breathalyzer:
First offense: Your license will be suspended for 90 days.
Second offense: Your license will be suspended for one year.
Third and subsequent offenses: Your license will be suspended for three years.
The suspension occurs even if you aren’t convicted of DUI. The refusal itself is enough to trigger this penalty. Additionally, you won’t be able to get a restricted license, meaning you can’t drive for work or personal reasons unless you apply for and are granted an ignition interlock device (IID) in certain circumstances.
Increased Penalties for DUI Conviction
If you refuse a breathalyzer test, your refusal can be used against you in court if you're charged with DUI. While a breathalyzer test result is key evidence in many DUI cases, refusing the test may lead the prosecutor to argue that your refusal indicates consciousness of guilt.
They may say that you refused the test because you knew your BAC would exceed the legal limit. Furthermore, refusal may lead to harsher penalties if you’re convicted of DUI, including:
Increased fines: You may face higher fines for refusing the breathalyzer test in addition to the fines associated with a DUI conviction.
Longer license suspensions: In addition to the penalties for refusing the test, a DUI conviction may result in a longer suspension of your driver’s license.
Use of Refusal as Evidence in Court
While refusing the breathalyzer test may seem like an easy way to avoid incriminating evidence, it can actually be used as evidence of guilt in your DUI case. Law enforcement and the prosecution can argue that your refusal to take the test demonstrates that you were aware you were intoxicated and didn’t want the evidence to be recorded.
Though a refusal doesn’t automatically result in a DUI conviction, it could still be a powerful tool used against you in court. The prosecution may use it to strengthen their case and suggest that your refusal indicates an intention to avoid providing evidence of intoxication.
Criminal Penalties for DUI Conviction
Even if you refuse the breathalyzer test, you could still be convicted of DUI based on other evidence, such as field sobriety tests, witness testimony, or video footage. If you're convicted of DUI in Alabama, the penalties can include:
First offense DUI: Fines ranging from $600 to $2,100, up to one year in jail, a 90-day license suspension, and mandatory DUI education or treatment programs.
Second offense DUI: Fines ranging from $1,100 to $5,100, up to one year in jail, a one-year license revocation, and mandatory ignition interlock device installation.
Third offense DUI: Fines ranging from $2,100 to $10,100, up to one year in jail, a three-year license revocation, and mandatory substance abuse treatment.
Fourth and subsequent offenses: Felony charges with fines up to $10,100, one to ten years in prison, and a five-year license revocation.
As you can see, the penalties for refusing the breathalyzer test and being convicted of DUI can be severe. Even if you don’t take the breathalyzer, the consequences of a DUI conviction can be significant, including jail time, fines, and long-term damage to your driving record and personal life.
How a Lawyer Can Help If You Refuse a Breathalyzer Test
Moreover, when you’re faced with the decision of whether to refuse or submit to a breathalyzer test, having a lawyer on your side can make all the difference. A DUI lawyer can help you understand the implications of refusing the test and guide you through the process of challenging or mitigating the penalties.
Challenging the Legality of the Traffic Stop
One of the first things a lawyer will do is examine the legality of the traffic stop that led to your arrest. If the officer didn’t have probable cause to pull you over, any evidence obtained afterward—including your refusal to take the breathalyzer test—could be challenged in court.
A lawyer can move to suppress evidence if the stop was made without reasonable suspicion or if other legal errors occurred during the arrest.
Challenging the DUI Charges
Even if you refused the breathalyzer test, a skilled lawyer can work to challenge the DUI charges based on other evidence. For example, a lawyer can scrutinize the field sobriety tests, witness testimony, or any video footage to see if there was enough evidence to support the DUI charge.
If there are weaknesses in the prosecution’s case, your lawyer can use that to argue for reduced charges or a dismissal of the case.
Negotiating With the Prosecution
If you’ve refused a breathalyzer test but still face DUI charges, a lawyer can negotiate with the prosecution for reduced charges or alternative penalties. They may be able to arrange a plea deal that results in lesser penalties, such as reduced fines, fewer restrictions on your driver’s license, or a shorter license suspension.
Helping You Work Through License Suspension and Reinstatement
A lawyer can also help you deal with the license suspension that comes with refusing a breathalyzer test. If your license is suspended, a criminal defense lawyer can guide you through the process of challenging the suspension or applying for a restricted license. They can also help you explore options for an ignition interlock device if you’re eligible.
Providing Guidance Through the Legal Process
Ultimately, a DUI charge is a serious legal matter that can have long-lasting consequences. A lawyer can provide you with guidance throughout the legal process, helping you understand your rights, options, and the likely outcomes.
By having an experienced DUI lawyer on your side, you increase your chances of a favorable outcome—whether it's a reduced sentence, a dismissal of charges, or a favorable plea deal.
Contact My Firm Today
If you’ve been arrested for DUI and refused a breathalyzer test, it's crucial to seek legal counsel immediately. A DUI lawyer can help you work through the complications of your case, challenge the evidence against you, and negotiate for the best possible outcome.
I serve clients in Tuscaloosa, Alabama and the surrounding areas. Contact my firm, Josh Swords, Attorney At Law, to learn more.