Should you Take the Implied Consent Test?

The most frequently asked question I face when regarding DUI cases is should I take the test?  The short answer is no.  There are many reasons for not taking the implied consent test and they all have to do with possible defenses in the case.    There are obviously consequences for not taking the implied consent test with the main one being that your privilege to drive in the State of Alabama will be suspended for a period of time regardless of whether or not you are convicted of the DUI.

If you refuse to take the test then the State of Alabama must rely on the officers observations and testimony as to the way you were driving and any inability or impairment that he noted as well as your performance of any field sobriety tests.