"10 DAY WARNING"

You Must Request An Administrative Review Within
10 Days of Your Arrest to Save Your Driver’s License  Read more »

DUI Tests

If stopped on suspicion of drunk driving, is it better to submit to a Tuscaloosa DUI test or refuse? It is a good question. Obviously the results of a Tuscaloosa DUI test can be used as evidence against you, so it is important to know what is best - submit or refuse?

First, you need to know if you have the right to refuse a Tuscaloosa DUI test.

You may have noticed that finding a straightforward answer – yes or no – about whether you must submit to a DUI test or have the right to refuse is not easy. This article aims to make the situation clear.

Your rights depend on the type of DUI test you are asked to take.

Whether you must submit or have the right to refuse a Tuscaloosa DUI test depends on the type of test. There are three types of DUI test. Here we look at your rights for each type. Note that you have these same rights in Alabama and all US states.

Field Sobriety Tests (FSTs)

When stopped on suspicion of Tuscaloosa DUI, officers may ask you to take a field sobriety test (FST). Conducted by the roadside, an FST involves drivers being asked to perform a series of physical maneuvers known to be difficult when intoxicated.

  • FSTs are 100% voluntary – you have the right to refuse to submit to field sobriety tests.
  • There are no penalties for refusing to take a field sobriety test.
  • There are good reasons to exercise your right to refuse this type of DUI test.

Roadside breath tests

  • PAS tests are 100% voluntary – you have the right to refuse to submit to these tests.
  • There are no penalties for refusing a roadside breath test.
  • There are good reasons to refuse this type of DUI test.

Blood alcohol content (BAC) tests after arrest

If arrested for DWI and/or DUI you will be taken to a police station (or detention or medical center) and asked to provide a breath, blood or (less often) urine sample for chemical BAC analysis.

Chemical BAC tests are covered by “implied consent” laws. All US states have enacted implied consent laws. Under these laws, the act of applying for and obtaining a driver’s license implied your consent to submit to a chemical BAC test if lawfully arrested for DWI or DUI. This means that:

  • You do NOT have the right to refuse a BAC test when arrested for DWI and/or DUI.
  • You must submit to a BAC test even if you have already taken a breath test at the roadside.
  • There are severe penalties for refusing a chemical BAC test.

HOWEVER, this category of DUI test must be conducted lawfully. You have certain rights. You must know your rights to ensure they are not violated and exercise your rights to protect yourself.

Call (205) 871-8838 for a free consultation.

WE WIN BY EXPOSING THE BAD SCIENCE
It is not “real science it is police science”

 

 

Alabama State Bar

DUI INFORMATION



Blood Alcohol Content (BAC) or blood alcohol content concentration is the concentration of alcohol in blood. It is usually measured as mass per volume. For example, a BAC of 0.02% grams of alcohol per 100 grams of individual's blood, or 0.02 grams of alcohol per 100 grams of blood. Use the BAC calculator (Blood Alcohol Content Calculator) beolow to calculate your BAC levels.

Alabama State Bar
Click here for more DUI Videos
Providing DUI defense of violation of Alabama DUI law in the Alabama courts state including, Autauga County, Baldwin County, Barbour County, Bibb County, Blount County, Bullock County, Butler County, Calhoun County, Chambers County, Cherokee County, Choctaw County, Clarke County, Clay County, Cleburne County, Coffee County, Colbert County, Conecuh County, Coosa County, Covington County, Crenshaw County, Cullman County, Dale County, Dallas County, DeKalb County, Elmore County, Ecambia County, Etowah County, Fayette County, Franklin County, Geneva County, Greene County, Hale County, Henry County, Houston County, Jackson County, Jefferson County, Lamar County, Lauderdale County, Lawrence County, Lee County, Limestone County, Lowndes County, Macon County, Madison County, Marengo County, Marion County, Marshall County, Mobile County, Monroe County, Montgomery County,Morgan County, Perry County, Pickens County, Pike County, Randolph County, Russell County, Hoover County, St. Clair County, Sumter County, Talladega County, Tallapoosa County, Tuscaloosa County, Walker County, Washington County, Wilcox County, Winston County and the cities of Prattville, Autaugaville, Billingsley, Bay Minette, Daphne, Elberta, Fairhope, Foley, Gulf Shores, Magnolia Springs, Montrose, Orange Beach, Loxley, Point Clear, Robertsdale, Silverhill, Spanish Fort, Stapleton, Stockton, Summerdale, Clayton, Clio, Eufaula, Centreville, Brent, Brierfield, West Blocton, Woodstock, Oneonta, Blountsville, Cleveland, hayden, Locust Fork, Oneonta, Remlap, Union Springs, Midway, Greenville, Georgiana, Anniston, Eastaboga, Jacksonville, Ohatchee, Oxford, Piedmont, Weaver, Centre, Leesburg, Clanton, Jemison, Maplesville, Verbena, Butler, Grove Hill, Fulton, Coffeeville, Thomasville, Jackson, Ashland, Cragford, Delta, Lineville, Heflin, Ranburne, Elba, Enterprise, New Brockton, Tuscumbia, Cherokee, Leighton, Muscle Shoals, Sheffield, Evergreen, Repton, Rockford, Goodwater, Equality, Andalusia, Florala, Luverne, Brantley, Greenville, Highland Home, Cullman, Crane Hill, Hanceville, Vinemont, Ozark, Ariton, Daleville, Fairhope, Fort Rucker, Midland City, Newton, Selma, Marion Junction, Minter, Sardis, Fort Payne, Crossville, Geraldine, Hammondville, Henagar, Rainsville, Wetumpka, Coosada, Deatsville, Eclectic, Elmore, Millbrook, Brewton, Atmore, Gadsden, Gallant, Rainbow City, Southside, Fayette, Russellville, Vina, Geneva, Hartford, Samson, Slocomb, Eutaw, Greensboro, Abbeville, Headland, Dothan, Ashford, Columbia, Cottonwood, Scottsboro, Paint Rock, Pisgah, Birmingham, Adamsville, Bessemer, Brookside, Center Point, Clay, Dolomite, Ensley, Fairfield, Fultondale, Gardendale, Homewood, Hoover, Hueytown, Irondale, Kimberly, Leeds, McCalla, Midfield, Morris, Mountain Brook, Mount Olive, Pinson, Pleasant Grove, Shannon, Trussville, Vestavia, Vestavia Hills, Warrior, Vernon, Kennedy, Millport, Sulligent, Vernon, Florence, Killen, Rogersville, Opelika, Moulton, Hillsboro, Moulton, Trinity, Auburn, Phenix City, Smiths, Smiths Station, Athens, Ardmore, Belle Mina, Capshaw, Elkmont, Toney, Hayneville, Greenville, Letohatchee, Tuskegee, Alexander City, Shorter, Huntsville, Brownsboro, Grant, Gurley, Hampton Cove, Harvest, Hazel Green, Madison, Meridianville, New Market, Normal, Owens Cross Roads, Linden, Demopolis, Hamilton, Guin, Guntersville, Albertville, Arab, Boaz, Grant, Union Grove, Mobile, Chunchula, Citronelle, Coden, Dauphin Island, Grand Bay, Irvington, Mount Vernon, Prichard, Saraland, Monroeville, Satsuma, Semmes, Theodore, Wilmer, Uriah, Montgomery, Cecil, Hope Hull, Mathews, Mount Meigs, Pike Road, Pine Level, Ramer, Decatur, Eva, Falkville, Hartselle, Marion, Uniontown, Carrollton, Aliceville, Gordo, McShan, Reform, Troy, Brundidge, Wedowee, Alexander City, Roanoke, Phenix City, Seale, Ashville, Cropwell, Moody, Pell City, Springville, Columbiana, Alabaster, Calera, Chelsea, Helena, Indian Springs, Maylene, Montevallo, Pelham, Hoover, Sterrett, Vandiver, Vincent, Wilsonville, Livingston, Talladega, Alpine, Childersburg, Lincoln, Sylcauga, Dadeville, Camp Hill, East Tallassee, Jacksons Gap, Tallassee, Tuscaloosa, Brookwood, Cottondale, Duncanville, Northport, Vance, Jasper, Carbon Hill, Cordova, Dora, Empire, Jasper, Parrish, Quinton, Sipsey, Sumiton, Chatom, Leroy, McIntosh, Millry, Camden, Double Springs, Arley, Haleyville and many other cities throughout the state of Alabama