Polson & Polson
TUSCALOOSA
TUSCALOOSA
DUI ATTORNEYS
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.
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.
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.
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:
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.
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