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) refers to the level of alcohol in a person’s bloodstream. If you were pulled over or arrested for drunk driving, law enforcement will try to test your BAC, which can be used as evidence against you in court. Breath tests are the most common method of assessing your BAC. However, blood and urine tests are also used in some cases.
If a person’s BAC level is at or above .08 percent, it is assumed they are impaired. This assumption can be challenged in court. A BAC of .15 or more subjects the person charged with drunk driving to twice the minimum punishment.