Welcome to Legal Help
Home Alabama DUI Laws Implied Consent Law in Alabama

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Implied Consent Law in Alabama

Implied consent laws exist in all states and generally are laws that require drivers to submit to chemical testing when pulled over and suspected of driving under the influence of drugs or alcohol.  Drivers give consent to such testing upon application for a driver’s license in a given state.  Failure to submit to such testing carries significant penalties that vary by state and are typically enhanced if the driver has previous DUI convictions.

Alabama’s implied consent requires all drivers to submit to such chemical testing.  If the driver refuses to take the chemical test (such as urine, blood, breath, or other bodily substance) this refusal may be admissible as evidence at trial of the driver’s intoxication.  In addition, a driver who refuses a chemical test can have his license suspended for up to one year.  The result is that the driver could face an automatic suspension of his license along with other potential fines and penalties for failure to comply with the implied consent law by virtue of failure to submit to a chemical test.  Drivers who decline to take chemical tests may file for a petition in court to reverse the conviction.

Such laws serve useful purposes.  They force the issue in that a driver either takes the test or is automatically guilty of the crime, thus the law acts as a deterrent to driving under the influence.  Implied consent laws also decrease confrontations between officers and potentially inebriated drivers, since the officer need not attempt to force the driver to take a breathalyzer against his will, for example.

After having a reasonable suspicion you were driving under the influence, the officer can have more chemical tests done after he provides a written request and one or more of the following situations occurred at the pre-arrest screening:

  1. The breathalyzer test had a reading in excess of .08 or .04 for commercial drivers or from .02 to .08 for those under 21 years old
  2. The officer has reasonable suspicion you are under the influence of alcohol and/or a controlled substance and the breathalyzer indicated a presence of alcohol less than the maximum allowed concentration
  3. You refused a preliminary breathalyzer test
  4. The officer lawfully arrested you

If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!