Alabama Breath Test
In Alabama, any driver with a blood-alcohol concentration (BAC) over .08 percent is considered ‘per se intoxicated.’ This means that the BAC is the only proof needed for a driver to be convicted of driving under the influence (DUI).
A breath test is a common method to determine if a driver is intoxicated and to what extent the driver is impaired. The test can be administered at the roadside stop or at a law enforcement detention center.
The officer asks the driver to blow into a small handheld device, often called a ‘Breathalyzer’ after a popular model of the machine, and indicates to the driver when to stop. The machine either provides a result on the screen or on a printout.
Infrared light passing through the device determines the BAC. The BAC legal limit in Alabama is .08 percent.
Refusal to perform the breath test constitutes an automatic 90-day license suspension, administered by the Department of Motor Vehicles (DMV), and provides the officer with ‘probable cause’ to make an arrest based on reasonable suspicion of intoxication.
Agreeing to perform a breath test falls under ‘implied consent laws.’ When a driver signs for a driver’s license, that signature on forms is an agreement that the driver will comply with certain requirements if asked by the police.
Breath testing is popular with law enforcement officers because it is quick and convenient, provides fairly accurate results if properly administered, and it is an inexpensive form of determining blood-alcohol content. Law enforcement officers are National Highway Traffic and Safety Administration (NHTSA) trained to administer the test. Defense attorneys will try to have the results dismissed at a trial because many commonly ingested substances can alter the reading. For instance, alcohol-based mouthwashes and many sugar-free products containing manitol or xylitol can skew the results.
In all states, ‘zero tolerance laws’ focus on drivers not of legal drinking age. In Alabama, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or above are subject to DUI penalties.
While some states mandate more severe punishment for those convicted of DUI with a particularly high BAC, Alabama does not have such laws.
