Alcohol & Drugs: DUI, DWI Alabama DUI

[PaulBD]

I have a friend that is in a little situation with a ticket in Alabama that sounds very "fuzzy", shall we say.
He was driving a group of guys back from the race yesterday and went though a road check. He was asked to blow as soon as they pulled up and he gave an out of state license. He complied and was asked to blow 3 more times after that. He was then pulled off of the road and given a field sobriety test. After which he was asked to "officially comply with a breath test. He asked the officer,"what about the previous 3?" the officer responded,"Those didn't count, this one is for real, now?" Upon hearing this he refused to comply for a 4th time and was taken to jail. After posting bond he was given his citation for D.U.I. which stated that no blood alcohol level was present and no breath-o was ever given as he would not comply to one. While at the jail no blood alcohol test was ever given and no where on the citation does it give his blood alcohol level. It only states that the citation is for D.U.I., no B.A.L., and he would not comply to a breath-O test.
Does this sound very suspicious and maybe like they are just trying to bully him into paying a fine for no reason?

Thoughts and advice as I am not familiar with Bama law.

 

[mightymoose]

Doesn't sound too fuzzy. In most jurisdictions the initial breath test is not admissible as evidence as it is done on a machine that is less precise and used more to detect the presence of alcohol rather than get an exact reading. The actual test does come later.

Depending on how your friend did with the rest of the sobriety test (walking the line, counting, etc) the officers could have had reasonable belief that he was under the influence. When he refused the test he probably automatically became arrestable. Usually when the breath test is refused they will still get a blood sample, and that will take time to get the BAC results from the lab.

All things considered, he probably did well to refuse the test, and if the police have no breath test and no blood test to show he was DUI then he can probably beat it. However, I do think there are some jurisdictions that presume guilt when the test is refused. He will have to hash it out in court. If he is worried, a good attorney could probably make this go away... assuming the info given here is accurate.