Birmingham, Alabama DUI Attorney
"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, no test shall be given. 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 content"? Blood alcohol content (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, although blood or even urine testing is done in some instances. If the level is found to be 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 that otherwise could would have been imposed.
Field sobriety tests and breath testing devices are far from infallible or above challenge. There are often standards that are not met or equipment that is faulty. At Simms & Associates in Birmingham, Alabama, it is our job to identify those deficiencies in defending your DUI case.
At Simms & Associates, we will make every attempt to work with the prosecution to negotiate a plea bargain if we believe it to be in our client’s best interest. However, if the prosecution is not willing to resolve the case to your satisfaction, we will diligently defend the case in court.
All testing must adhere to standards set by the National Highway Traffic Safety Administration. This is not the only source, as testing is also governed by administrative rules promulgated by the Implied Consent Unit 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 applicable 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, creation of reasonable doubt.
Whether you are facing your first DUI charge or you have been convicted before, your personal and professional life can be significantly impacted.For more information or to schedule an appointment, please contact us.