Under Alabama law, if you refuse a properly requested breath test by an arresting officer, you face a 90-day driver’s license suspension under implied consent laws. You can still be convicted of drunk driving, however, with an additional 90-day suspension, depending on the results of the field sobriety test and the arresting officer’s testimony. If you need a knowledgeable DUI defense lawyer, contact us today at 205-502-2000 to schedule an appointment with one of our DUI defense attorneys.
Our first line of attack will be the traffic stop itself. If the police officer or sheriff’s deputy had no legally recognized reason to stop your car, 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.
If the state can establish that the traffic stop was proper, 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 to conduct the test properly. The officer’s own video 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 suspension you’ll probably face on the implied consent violation. Especially in repeat DUI cases, that’s not a bad tradeoff.
For a free consultation about your defense options in a breath test refusal case, contact an experienced DUI trial attorney at the offices of Boles Holmes White serving individuals throughout Alabama.