Frequently Asked Questions About DUI Law
Facing a DUI charge is a stressful and difficult moment from Alabama drivers. Many people are unsure what their rights are, what the penalties are, or what evidence must be present for law enforcement to secure a conviction.
Since 1999, Simms & Associates has been trusted to provide an aggressive defense against DUI and other criminal offenses. We are here 24 hours a day, seven days a week to answer your questions and begin establishing your defense strategy.
Can I Refuse A Breath Test?
Alabama law does not specifically recognize a ‘right to refuse’ a breath test. However, the law does state that if a person refuses the test, an officer cannot give a test. There is an exception to this rule in the event of an auto accident involving serious physical injury or death.
Evidence of a refusal can be used against you at trial and your license can be suspended for refusing to submit to testing. If this has happened to you, ask us how we can get your driving privilege reinstated.
What Is Blood Alcohol Concentration?
Blood alcohol concentration (BAC) is a term used to describe the level of alcohol in the bloodstream of a person arrested for drunk driving. It is used in court as evidence of that offense. The most common method of determining BAC is through a breath test. Blood or even urine testing are used in some instances.
If the level is at or above .08, the test results can establish a rebuttable presumption of impairment. A person convicted of DUI with a BAC of .15 or greater is subject to twice the minimum punishment.