Should I blow? – Dothan Law Group discusses DUI in Alabama
Should I blow?
The most common question that people ask me when they find out that I practice DUI defense is, “If I get pulled over for DUI, should I blow?”
This is really a loaded question. Each individual scenario is different. The most important thing to keep in mind when deciding to submit to a blood alcohol breath test is Alabama’s Implied Consent Law.
Alabama’s Implied Consent Law (Ala. Code 32-5-192) states that,
“Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given his consent, subject to the provisions of this division, to a chemical test or tests of his blood, breath, or urine for the purposes of determining the alcoholic content of his blood if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state while under the influence of intoxicating liquor.”
What does this mean? If you drive a vehicle on a public highway in Alabama, and are arrested for an alcohol-related DUI, you are compelled by law to provide a BAC sample if requested by law enforcement.
If you refuse to blow, your license will be automatically suspended by the State for ninety (90) days. If you blow, and your blood alcohol concentration is greater than .08 grams per 100 milliliters of blood, your license will also be suspended for a period of ninety (90) days.
So, when should you blow? In my opinion, you should only blow if you are 100% sure that your blood alcohol concentration will be less than .08. Obviously, if you have been drinking alcohol at all prior to your arrest, it will be nearly impossible for you to make that determination. Although every situation is unique, if you think that there is any chance that you will be over .08, DO NOT BLOW.
If you don’t blow, your license will be suspended, however, it will be much harder for the State to prove that you are guilty of DUI beyond a reasonable doubt. In addition, there is always the possibility that the arresting officer does not submit the correct paperwork to the State in the time allotted to suspend your license (I’ve seen it happen several times).
The best decision you can make is to not drink alcohol and drive a vehicle at all, but if you find yourself arrested for DUI, the experienced DUI defense attorneys at Dothan Law Group are ready to help.