FREE Virtual Lawyer Consultation Office: (205) 871-8838 Cell: (205) 401-3171
Phone in hand
National Association of Criminal Defense Lawyers
National college for DUI Defense
Super Lawyers
Martindalle-Hubbell
Best Law Firms
DUI Defense
ABA

DUI Conviction & Jail Time

Question: Is It Better to Take the Breath Test and Blow Over the Legal Limit or to Refuse the Breath Test in Alabama?

Answer: There’s really no right or wrong answer in terms of taking the breath test; however, if someone refuses the test, it does place the burden on the government to establish their level of impairment through other indicators as well. It creates the argument that if the government did not seek a blood or urine test via a search warrant, that they did not include a complete evaluation in the investigation of the case. However, if someone does take the breath test and registers over the legal limit, there are various defenses we may use to contest that result and try and suppress that from evidence as well. If you do submit to the government’s test, you have an absolute right to request an independent test of your blood alcohol content, and if the government fails to provide you with that test, it would be a basis to exclude their test from evidence against you.

Client Reviews
★★★★★
Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
★★★★★
If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
★★★★★
Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.