The Constitution of the United States grants us many fundamental rights, including freedom of movement. One of the most common ways people exercise this right is by getting behind the wheel and hitting the road. It’s essential, however, to remember that driving is not an absolute right; it’s a privilege, and with this privilege comes certain responsibilities.
This is where implied consent comes into play. We want to delve into the little-known law of implied consent and how it is applied in Alabama. Staying informed is a critical part of any Alabama criminal defense case.
What is Implied Consent?
When you hop behind the wheel in Alabama, you are giving your implied consent to comply with lawful orders from law enforcement. Implied consent is defined by Code § 32-5-192 which states:
“Any person who operates a motor vehicle on the public highways of this state shall be deemed to have given consent, subject to this division, to a chemical test or tests of his or her blood, breath, or oral fluid for the purpose of determining the content of any impairing substance or substances within a person’s system, 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.”
If you are given a lawful order to submit to testing so police are able to check for the presence of alcohol or drugs in your bloodstream or breath then the testing will take place in some manner. In order for an officer to request that you take a test, they need probable cause and a lawful arrest first. Once this happens, the officer may request that you undergo a breathalyzer or other chemical tests to assess your level of impairment. You are not required to consent to the test, but you are likely to face immediate repercussions (such as losing your driving privileges) if you refuse.
It’s important to note that Alabama is not alone in implementing implied consent laws; most states across the nation have similar provisions.
How Implied Consent is Applied in Alabama
Implied consent is applied by guaranteeing that when a lawful order is present, the driver will be subjected to testing in some manner. It doesn’t have to be at the scene, but the police may request a test.
As noted, implied consent does not automatically mean you have to submit to a breathalyzer or field sobriety tests. While you do consent to some level of testing by choosing to drive in Alabama, you still have the right to refuse field sobriety exercises.
Defend Your Rights with John M. Totten, P.C.
We understand the importance of upholding your rights, even in the face of implied consent laws. We are dedicated to protecting the rights of the people of Alabama. Implied consent exists, but these laws do not grant law enforcement the power to trample over your constitutional rights.
If you find yourself facing DUI charges, it’s crucial to consult with our experienced attorneys who understand the nuance and defense strategies for DUI cases. Contact our criminal defense team today to discuss your case and receive the legal representation you deserve.
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