The DUI Stop and the Test
Ala. Code § 32-5-192 — implied consent after a lawful arrest, and a suspension of at least 90 days for refusing
Anyone who drives on Alabama's public highways is treated as having consented to a chemical test of blood, breath or oral fluid if lawfully arrested for an offense arising from driving under the influence. The officer's agency decides which test, and the person is told that refusing will suspend the privilege to drive for at least 90 days. A person who objects to a blood test is given one of the others.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
- When a person under arrest refuses, no test is given unless a court orders one.
- On the officer's sworn report of the refusal, the driving privilege is suspended, and the person is notified in writing at once.
- The person can ask for a hearing, which decides whether the officer had reasonable grounds, whether there was an arrest, and whether the person refused. Whether the person was warned about the suspension is not an issue there.
- A suspension upheld at the hearing can be reviewed in court on a petition.
Only a physician, a registered nurse, a paramedic, a phlebotomist or another qualified person draws blood for the test. The person tested may, at their own expense, have a physician or other qualified person of their choosing give an additional test.
Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (4)
- Ala. Code § 32-5-192 — Implied Consent; When Tests Administered; Suspension of License or Permit to Drive, Etc., for Refusal to Submit to Test
- Ala. Code § 32-5A-194 — Admissibility of Chemical Tests as Evidence; Procedures; Presumptions; Refusal to Submit; Liability
- Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
- Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.