Birmingham Criminal Defense Office
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Do I Have The Right To Refuse A Roadside Or Breath Test?

In Alabama, you have the right to refuse a test except if you were involved in a serious or fatal motor vehicle accident. However, your refusal to take the roadside test, the breath test or both may be used against you at trial. Also, refusing to submit to testing can lead to suspension of your driving license.

Negotiating Resolution Of Your Case

At Simms & Associates in Birmingham, Alabama, will make every attempt to negotiate a plea bargain that does not involve a DUI conviction. However, if the prosecution is not willing to resolve the situation to your satisfaction, we will diligently defend your case in court.

Field sobriety tests and breath testing (breathalyzers) are not above a challenge in court. There are often standards that are not met or equipment that is faulty. It is our job to identify those deficiencies when defending you against a DUI conviction.

Fallibility Of Breath And Field Sobriety Testing

All testing must adhere to standards set by the National Highway Traffic Safety Administration (NHTSA). This is not the only source, as testing is also governed by administrative rules promulgated by the Implied Consent Section of the Alabama Department of Forensic Sciences.

Cross examination of the arresting and testing officers is key. To successfully defend you against the DUI charge, we need to find out whether the officer was properly trained to administer the tests, if that training complied with NHTSA standards, and whether proper testing protocol was followed in conducting the tests. Deviations from these standards can result in the suppression of test results entirely or at the very least, create reasonable doubt.

In addition to the officer’s training, the reliability and validity of the breath and field sobriety testing are key to your defense. We consider ourselves to be aggressive lawyers and we have a high rate of success with DUI cases. If need be, we will file motions or even call experts to the stand to talk about proper administration of those breath and field sobriety tests.

Put our experience on your side

Whether you are facing your first DUI charge or you have been convicted before, your personal and professional life can be significantly impacted. If your rights were violated or the testing you received was insufficient by NHTSA standards, you need a DUI attorney with the knowledge and experience to argue and seek to dismiss your case.

For more information or to schedule an appointment, please contact our firm at 205-453-9700.