You’re driving home from an event or dinner with friends, enjoying the quiet Alabama evening, when you see flashing blue lights in your rearview mirror. Your heart sinks. You pull over, hands trembling slightly. The police officer approaches your car, asks a few questions, then says the words that change everything: “I need you to take a breathalyzer test.”
Now you’re standing at a crossroads and wonder, “Do I have to take it?” What happens if you refuse a breathalyzer?
Let’s walk through it together with compassion, clarity, and the insight of a Birmingham DUI attorney who’s seen this scenario play out more times than she can count.
Alabama’s Implied Consent Law: What Does It Mean?
By driving a motor vehicle on Alabama’s public roads, you’ve already agreed to the implied consent law. In that case, the law enforcement officer assumes you’ve agreed to submit to a breath, blood, or urine test if a police officer has probable cause to believe you’re driving under the influence of alcohol.
When you refuse a breathalyzer test, you’re technically violating the implied consent law. The bottom line is that even if you’re not ultimately convicted of DUI, just saying “no” to the breath test can still lead to serious consequences.
What Happens if You Refuse a Breathalyzer?
You might think refusing the test is the safest option at the time, especially if you’ve consumed alcohol and are afraid of what the results might show. But let’s look at the potential consequences of that decision:
- License Suspension – For a first refusal, your driver’s license will face an automatic suspension of 90 days. If it’s your second time refusing or you have a prior DUI-related offense, the license suspension jumps to a full year.
- No Option for a Work Permit – Unlike other states, Alabama does not automatically allow for hardship or work licenses if you are facing a license suspension due to refusal. That means you could lose your ability to legally drive to work, church, or to take care of your family.
- Used as Evidence Against You – Your refusal can be used as evidence in court. A prosecutor might argue that you only refused because you’d blow over the legal limit. That doesn’t always hold water, but it complicates your DUI case.
- You Could Still Be Tested – Refusing a breathalyzer doesn’t mean you avoid being tested. If the police officer believes they have enough suspicion to move forward, they may obtain a warrant to draw blood. A blood test can provide a precise reading of your blood alcohol content (BAC), and now you’re facing the same trouble, without the benefit of cooperation.
What About Field Sobriety Tests?
Some Alabamians often get breathalyzers and field sobriety tests confused.
Field sobriety tests (like walking in a straight line or following a pen with your eyes) are not required by law. You can refuse these without the same penalties you’d get for refusing a chemical test like a breathalyzer.
If you refuse, the officer may still arrest you. They can do this based on other signs of intoxication, like slurred speech, bloodshot eyes, or swerving while driving. That said, these tests rely heavily on personal judgment and can be open to interpretation. Your criminal defense attorney can challenge how they were administered or interpreted.
Should You Refuse the Breathalyzer?
This is one of the most common and complicated questions we hear. When you’re standing on the side of the road, heart pounding, trying to figure out what to do, you may not be thinking clearly. And while we wish there were a one-size-fits-all answer, the truth is: it depends.
For the most part, once an officer asks you to submit to a breath test, it usually means they’ve already made some observations that make them believe you’re under the influence. Refusing the test won’t erase their notes or their report. And it won’t stop them from arresting you. In fact, Alabama officers can request warrants for blood draws in certain cases. So even if you refuse the breathalyzer, you may still end up being tested in a different way.
Refusing might seem like the smart move in the moment, but it often creates more legal challenges down the road. Even if you blow over the legal limit, a Birmingham DUI lawyer can challenge how the test was administered, whether the police officers followed proper procedure, and whether your legal rights were respected.
On the other hand, refusing the test could limit the evidence your attorney has to challenge. Since false positives, medical issues, or testing errors can come into play, refusing might actually hurt your case rather than help it.
What to Do If You’ve Already Refused the Breath Test
If you’ve already refused a breathalyzer in Birmingham, here’s what you can do:
- Stay Calm – You can’t undo the refusal, but can control what happens next.
- Don’t Say Too Much – You have the right to remain silent. Use it.
- Call a Criminal Defense Attorney ASAP – The sooner you get legal representation, the better your odds of minimizing the impact of your refusal.
And remember, your situation may still be defensible. Whether you challenge the initial suspicion, question how the BAC level was measured, or analyze how your medical records might have affected a blood test, a good defense isn’t out of reach.
Why You Need an Attorney Who Knows Both Sides of the Courtroom
Attorney Wakisha Hazzard offers something few others can—firsthand experience on both sides of the courtroom.
As a former public defender, she’s fought for people facing DUI charges who were scared, confused, and worried about their future. As someone appointed as a special judge over a dozen times, she knows what judges are looking for and what arguments prosecutors are likely to bring.
She’s cultivated strong relationships with local judges, prosecutors, and police and knows how to navigate those relationships to help her clients. When facing the weight of an arrest, you need someone who knows the law and how to speak to the people who hold your future in their hands.
Don’t Let One Mistake Define Your Life. Overcome the Legal Hazards with The Hazzard Law Firm
Good people make bad decisions. Sometimes it’s a moment of poor judgment. Sometimes it’s just a misunderstanding of your rights. Whether you refused a breathalyzer test, were arrested for DUI, or are worried about how a traffic stop could affect your career or family, The Hazzard Law Firm is here for you.
We believe in protecting good people who made a bad decision, and we’re committed to making sure a single moment doesn’t define your future. Our Birmingham DUI attorneys will guide you through the legal hazards ahead with the experience, empathy, and Southern grit it takes to protect your future.
Don’t let a DUI case be a hazard to you. Contact The Hazzard Law Firm today at (205) 521-7378(205) 521-7378 or complete our online form to schedule your free consultation with our case evaluator.
Copyright © 2025. The Hazzard Law Firm, LLC. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
The Hazzard Law Firm, LLC
505 20th St North, Suite 1125
Birmingham, AL 35203
(205) 521-7378(205) 521-7378
https://www.hazzardfirm.com/
