To take the test you will be asked to blow into a portable breath analyzer (or “breathalyzer”) which will measure your blood alcohol content (BAC). In California and all other states it is a crime to drive with a blood alcohol concentration of 0.08 percent or higher. If the roadside breath test (PAS test) shows you to have a BAC at or above 0.08 you will certainly be arrested.
Can you refuse a Alabama DUI breath test?
Unless you are under 21 or on parole, you have the right to refuse a roadside breath test (PAS test) in Alabama, Alabama and all other US states. It is 100% voluntary. There are no penalties for refusing a roadside breath test.
There are no penalties for refusing a roadside breath test.
Should you refuse a Alabama DUI breath test (PAS test)? Yes, absolutely.
It is in your interests to exercise your right to refuse a roadside breath test:
- The roadside is not an ideal environment for conducting a breathalyzer or any other kind of test.
- Officers may (and often do) lack experience operating breath analyzers
- Breath analyzers themselves are unreliable and are calibrated to calculate blood alcohol content for an “average” person.
To refute your breath test result in a DUI defense, an Alabama DUI lawyer can attempt to show that the person facing the DUI charge is not the average person and standard formulas for conversion from breath alcohol concentration to BAC don't apply.
Evidence can be introduced that shows the suspect has recently been exposed to chemical compounds containing alcohol that increased breath alcohol concentration without raising blood alcohol content. It's also possible to try to show that the breath sample was not handled correctly or the breathalyzer was not functioning properly.
Learn More about Breath Tests with an Alabama DUI Attorney
If you've been charged with DUI offense and you submitted to a breath test, you may still be able to challenge the results of the test. You should understand how a breath test can be used as evidence for a DUI conviction. Speak to an Alabama DUI attorney about your DUI charge by filling out the form below or calling 205.871.8838. Save your license now!
