Alabama DUI : Chemical Tests

 

All of the states have laws pertaining to driving under the influence (DUI) and the subsequent punishment. But each state also approaches drunk driving with slightly different tactics. Some states require one of three tests while other states may only use one or two type of tests. This outline will serve as an explanation of the laws pertaining to the chemical tests used for DUI arrests in Alabama

 

Types of Tests

 

In Alabama officers are required to have a justifiable reason for stopping a driver. This is typically referred to as probable cause. Once the officer has determined probable cause and stops the person for questioning the law states that the person must be tested for their blood alcohol content (BAC). Alabama allows officers to use any of three tests; the blood test, the urine test and the breath test. Most of the time the urine test is reserved for people suspected of partaking in drugs.

 

Blood Test

 

Usually the gas chromatography method is used for blood tests. A sample of the defendant’s blood is compared to a pre-mixed solution. The solution is supposed to represent a standard sample of blood for comparison purposes.

 

There are strict laws concerning how the blood test is conducted, who can transport the sample to the testing facility and how the sample is secured. One noted Huntsville DUI attorney stated that all of the steps involved in the blood test procedure must be followed exactly as prescribed; else the case can be dismissed.

 

Breath Test

 

The breath test is probably the most known testing method used in DUI arrests. A defendant is asked to breathe into a machine that captures a sample of the person’s breath. The machine measures the amount of alcohol in the person’s breath and uses that measurement to calculate the amount of alcohol in the person’s entire body to produce a BAC number. Birmingham DUI attorneys and Montgomery DUI lawyers have long argued that the breath test is not very accurate. The calculations used to determine a person’s BAC are based upon an average measurement that is not realistic for a large number of people.

 

Urine Test

 

As previously mentioned a urine test is used predominantly in cases where the officer suspects that the defendant may be under the influence of drugs. A urine test has successfully argued by a Mobile DUI lawyer to contain several weaknesses. Most notably, the urine test cannot accurately depict the amount of alcohol in a person’s body that came from beverages as opposed to other sources. Various medicines and some foods have different types of alcohol that show up in the urine test, leading to a false reading.

 

Roadside Breath Tests

 

In Alabama the officers usually carry a small, portable version of the breath testing equipment. This allows the police to conduct a BAC test at the scene of the arrest. However, for a roadside test, an arrested person is within their rights to refuse the test and suffer no penalties. The person will have to agree to some type of BAC test once they have reached the police station. But the road side version of the test can be refused.

 

DUI Arrest Beyond Driving

 

Alabama allows officers to pull over people that appear to be under the influence of alcohol or drugs and question the person, leading to a BAC test. However, a person that has a BAC above .08 can be charged with DUI even if they are not driving. As a matter of fact, the officer does not have to prove that the person’s actions demonstrated any impairment at all. The BAC alone is enough to result in a conviction.

 

An example of this would be an instance of police spotting a parked car in an unusual location and a driver sitting behind the wheel, either awake or passed out. For instance, a person passed out drunk who is behind the wheel of their car but they are stopped in the median. Or the person may be parked across multiple spaces in a parking lot. The fact that the person is obviously in physical control of the car is enough to draw questions from an officer and determine if there is a problem with a foreign substance.