Breath Test Refusal Attorney for your Alabama DUI charges
Dependable Advice in Breath Test Refusal Cases
Under Alabama law, if you are pulled over for suspicion of driving while under the influence of alcohol (DUI), an officer can request that you perform a breath test. If you refuse to do so you could be facing a 90-day suspension of your driver’s license under Alabama’s implied consent law.
Even if you refuse the breath test, it is still possible to be arrested and convicted of DUI based on the results of a field sobriety test or the arresting officer’s testimony. If you are convicted, you could be facing an additional suspension of your driver’s license for 90 days. If you need a knowledgeable DUI defense lawyer, Contact us today at 334-792-1900 to schedule an appointment with one of our DUI defense attorneys.
Field Sobriety Attorneys in Dothan and the surrounding areas
Our first line of attack will be the traffic stop itself. Under the Constitution, a law enforcement officer such as a policeman, highway patrol, or sheriff’s deputy must have a legally sufficient reason for stopping your car, such as driving with no lights on or weaving in and out of lanes. If there was no such reason for stopping you, we have a good chance of suppressing all the evidence of drunk driving that the prosecution can use against you. This will lead to dismissal of your case.
However, even if the stop itself did not violate the Constitution, we can still challenge the field sobriety test that the state will depend on to prove the DUI charges in the absence of breath test results. Because we focus our practice on both complex and basic DUI defense, we’re familiar with the right and wrong ways to perform field sobriety tests, and we can frequently show that the arresting officer didn’t know how or did not conduct the test properly. The officer’s own video and statements often supports our position at trial.
Our familiarity with the best ways to approach breath test refusal cases can give you a good chance of defeating a criminal DUI charge even if we can’t get around the 90-day driver’s license suspension you’ll probably face on the implied consent violation. Especially in repeat DUI cases, that’s not a bad tradeoff.