As a seasoned criminal defense team serving Auburn, Auburn University, Opelika and surrounding communities, we have seen firsthand the impact that DUI charges can have on someone’s life. If you’ve been stopped on suspicion of DUI in Alabama, you might be unsure about your rights, especially when it comes to refusing a breathalyzer test. This blog post will help you understand Alabama’s DUI laws and the consequences of refusing a breathalyzer otherwise known as an Evidential Breath Test (EBT), so you can make informed decisions and protect your future.
DUI Laws in Alabama: An Overview
Alabama takes DUI offenses seriously, and the penalties can be severe. If you’re convicted of driving under the influence, you could face significant fines, jail time, and a suspension of your driver’s license. Here’s a breakdown of the potential consequences:
- First Offense: A first-time DUI conviction can lead to fines ranging from $600 to $2,100, up to one year in jail, and a 90-day suspension of your driver’s license.
- Second Offense: A second DUI conviction can result in fines between $1,100 and $5,100, a minimum of 48 hours in jail (or at least 20 days of community service), and a one-year license suspension.
- Third Offense: For a third DUI conviction, you’re looking at fines between $2,100 and $10,100, a mandatory minimum of 60 days in jail, and a three-year driver’s license suspension.
These penalties can increase if your blood alcohol concentration (BAC) is particularly high or if other aggravating factors are involved, such as causing an accident while under the influence. Learn more about Alabama DUI Penalties by clicking HERE.
Breathalyzers: There are Two
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Roadside Breathalyzer (Portable Breath Test – PBT):
- Device: The portable breathalyzer is commonly referred to as a Preliminary Breath Test (PBT).
- Usage: This is a small, handheld device used by officers during traffic stops to estimate a driver’s blood alcohol concentration (BAC).
- Purpose: The PBT provides a quick and approximate reading to help officers decide if further testing or arrest is warranted. However, the results from a PBT are usually not admissible in court as evidence because of their lower accuracy and susceptibility to interference.
- Example: Devices like the Alco-Sensor III or IV are often used.
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Stationary Breathalyzer (Evidential Breath Test – EBT):
- Device: At the police station, a more sophisticated and reliable machine is used, known as an Evidential Breath Test (EBT) device.
- Usage: This device is larger and more accurate than the PBT and is used to obtain official BAC readings that can be used as evidence in court.
- Purpose: The EBT provides a legally admissible BAC measurement, which is critical in DUI prosecutions. The testing process is more controlled, and the equipment is regularly calibrated and maintained to ensure accuracy.
- Example: Common devices include the Draeger 7110 which has widely been used in Alabama but is in the process of being replaced by the Intoximeter DMT. To learn more about The State of Alabama and their changing DUI Evidential Breath Test (EBT) machines, click here.
Key Differences:
- Accuracy: The EBT at the station is more accurate and reliable than the PBT used at the roadside.
- Legal Admissibility: Results from the EBT are admissible in court, while those from the PBT generally are not.
- Purpose: The PBT is used for initial assessment, while the EBT is used for official BAC documentation.
Understanding the distinction between these devices is important, as the results from the EBT are typically what the prosecution will rely on in a DUI case.
Please note that from here on out, when we refer to a breathalyzer, we will be referring to the Evidential Breath Test (EBT), which is the test you take once you have been arrested on suspicion of DUI and taken to the police department or station.
Ready to discuss your case? Contact our experienced Auburn Alabama DUI Defense Team for a free initial case consultation*
Implied Consent and Breathalyzer Refusals in Alabama
Under Alabama’s implied consent law, by driving on public roads, you automatically agree to submit to chemical tests, like breath, blood, or urine tests, if a law enforcement officer suspects you of DUI. Refusing to take a breathalyzer test (EBT), can lead to significant consequences, and it’s important to understand what you’re facing if you choose this route. To learn more about Implied Consent in Alabama, read AL Code 32-5-192 (2023) by Clicking HERE.
What Happens If You Refuse a Breathalyzer – EBT?
If you refuse to take a breathalyzer test in Alabama, you’ll face penalties that are separate from those associated with a DUI conviction. These include:
- Staying in Jail for a full 24 hours: Refusing a breathalyzer following your arrest may give you an automatic 24 hour stay in jail.
- Automatic License Suspension: Refusing a breathalyzer test results in an automatic suspension of your driver’s license. For a first refusal, your license will be suspended for 90 days. If you refuse a second time within ten years, the suspension increases to one year.
- Evidence in Court: Your refusal to take a breathalyzer test can be used against you in court. Prosecutors may argue that your refusal is an indication of guilt, which could impact the outcome of your case.
- Ineligibility for a Hardship License: Unlike some DUI-related penalties where you might be eligible for a hardship license (which allows limited driving privileges), refusing a breathalyzer typically disqualifies you from obtaining one. To learn more about hardship licenses in Alabama, Click HERE.
Should You Refuse a Breathalyzer in Alabama?
Deciding whether or not to refuse a breathalyzer test is a significant decision with serious legal ramifications. Some individuals believe that refusal might prevent the state from gathering evidence against them. However, one must understand that the consequences of refusal —such as automatic license suspension and the use of your refusal as evidence in court—can be severe.
Your Rights and Next Steps
If you’re stopped on suspicion of DUI, it’s important to stay calm, be respectful, and know your rights. While you can refuse a breathalyzer test, you should be fully aware of the legal consequences. The most important step you can take is to contact an experienced DUI criminal lawyer who can help you navigate the complex legal landscape.
At our firm, we offer free consultations to individuals in Auburn, Opelika, and the surrounding areas, including Auburn University students. If you’ve been charged with a DUI or are facing a license suspension due to refusing a breathalyzer, we’re here to provide the strong defense you need.
Please note we only DUI Defense cases that occur in Alabama only, specifically, Auburn, Auburn university, Opelika and surrounding areas, including, Lee County, Chambers County, Tallapoosa County (Dadeville – Lake Martin) and Macon County. We do not handle any DUI or Criminal Defense work anywhere in the State of Georgia.
Conclusion
Alabama’s DUI laws are stringent, and the decision to refuse a breathalyzer is not one to be taken lightly. The consequences can be as severe as, if not worse than, a DUI conviction based on a breathalyzer result. If you’re facing DUI charges or a license suspension, it’s crucial to consult with a knowledgeable criminal defense lawyer who understands the nuances of Alabama law and can protect your rights.
If you or someone you know is dealing with DUI charges in Auburn, Opelika, or at Auburn University or surrounding areas, don’t hesitate to reach out to our office for a free consultation. We’re committed to helping you achieve the best possible outcome in your case.
