Alabama DUI Driver Rights Card

Notice to Officer at Roadside Stop

As required by Alabama law, I am herewith tendering my driver’s license and proof of insurance. They are in proper order and I have committed no crime or traffic violation. I therefore request that all my documents (including my license) be returned to me and that I be permitted to leave immediately. If you doubt my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents in my vehicle, I must assume this is more than a brief traffic stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but do so under coercion and protest.

I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Const. 5th Amend; Ala. Const. Art. I § 6) I request that my attorney be present during any questioning or proceedings against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by Ala. R. Crim. P. 4.2, and Alabama and U.S. constitutional law. I have the name and phone number with me at this time and would like to call immediately.

Alabama law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gaze nystagmus, the Alco-Sensor (hand-held testing device), walk-and-turn, one-leg-stand or other such exercises. I know that these are SUBJECTIVELY GRADED evaluations, designed for me to fail. I, therefore, choose not to participate in any such so-called field sobriety evaluations, unless my attorney is present when such voluntary exercises are performed. If you ignore my constitutional and statutory rights under this card and verbally coerce me into taking any such evaluations, I am not performing any such exercises willfully and voluntarily, but am doing so to avoid confrontation with you, an armed law enforcement officer who has the ability and legal sanction to use deadly force.

In compliance with the requirements of Alabama’s Implied Consent Law, I will consent to submit to tests of my breath, blood, urine or other bodily substances that you may designate, provided the test I am offered is properly done in strict compliance with all regulatory and statutory provisions and by a person certified to give the test (Ala. Code § 32-5A-194; Ala. Code § 32-5-192), after such person has displayed his/her permit and conditioned upon the test and testing device used being properly approved by the Ala. Dept. of Forensic Sciences in compliance with all regulations and rules validly established under Chapter 370-1-1-.01;.03 of the Rules of the Ala. Dept. of forensic Sciences Chemical Test For Intoxication. However, since I maintain that you did not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisements you are giving me, or in the procedures that you follow. I wish to be given a copy of the implied consent rights that you read to me. Any consent by me to take a chemical sobriety test is given only for devices that are operated with all electronic and operating components prescribed by the machine’s manufacturer properly attached and in good working order where all pre-testing protocol and mandated observation periods are followed precisely. Otherwise my consent is NOT voluntarily given.

I request that I be provided {under Ala. Code § 32-5A-194 (a)(4)} with full information concerning your test, including a written copy of any report of results of your test. If it is used, I wish to view any digital or numerical readout on the breath machine, pursuant to my constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical tests taken by the State of my blood or urine, and hereby demand that a sufficient sample of blood or urine be collected and properly sealed, and immediately refrigerated in a locked and secured refrigerator to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of test that can preserve a sample.

After the administration of your test, I hereby request, under the authority of Ala. Code § 32-5A-194(a)(3), that I thereupon be transported to the nearest available private medical facility that will conduct independent blood alcohol testing. If feasible, I will select and utilize my own physician or medical provider to administer my independent test(s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and phone directory to arrange this. This request should not be considered to be withdrawn or waived even if I take one or more of your tests.

Any and all independent additional blood alcohol tests selected by me (breath, blood, and or urine) are being done as work-product for my attorney, and are confidential, as guaranteed by the attorney-client privilege and pursuant to my constitutional right to gather evidence in my defense. I do not consent to an any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except me or my attorney.

In the event you serve me with a Notice of Intended Suspension pursuant to Ala. Code § 32-5A-303, then I hereby request that I be afforded a hearing to review the propriety of the proposed administrative suspension pursuant to Ala. Code § 32-5A-306 and Ala. Code § 32-5A-307.

I object (and do not consent) to a search of my person, my vehicle or any of my other property. Unless I give you written authority to search my vehicle (for “inventory” or other purposes) and arrange for impound of my vehicle, I wish for my vehicle to remain at its present location, locked, with a note explaining that it will be removed within the time frame as established by Ala. Code § 32-13-1, et seq., and I will arrange a private tow of the vehicle as soon as I am provided access to a phone by you as mandated by Ala. R. Crim. P. 4.2. I hereby release and indemnify your police department and governmental entity you work for from all liability resulting from leaving my vehicle at this location upon this request.

I also demand that I be videotaped by use of police equipment, both at the roadside and the police station, and that all such tapes be preserved for later use in court. Furthermore, I demand that all radio communication concerning from the point you first contacted dispatch on this stop until I was taken to your station be preserved. Both of these requests are made under the authority of Brady v. Maryland, 373 U.S. 83 (1963) and it’s progeny, in that said evidence is both exculpatory and usable as impeachment of your case in chief against me.

OFFICER, THIS DOCUMENT CONSTITUTES AN OFFICIAL NOTIFICATION OF MY EXERCISE OF MY LEGAL RIGHTS THAT SHOULD BE RETAINED FOR YOUR RECORDS.

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