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Should You Refuse to Give a Blood, Urine, or Breath Sample if Suspected of DUI in Alabama?

By Paul A. Seckel, JD, MBA | Updated March 2025 | Guntersville Law, LLC

Being suspected of driving under the influence (DUI) in Alabama is a serious matter. During an investigation, law enforcement may ask you to submit to a blood, breath, or urine test to determine your blood-alcohol concentration (BAC) or the presence of drugs. What happens if you refuse? Do you have that right—and what are the consequences?

At Guntersville Law, LLC, we help clients understand their rights under Alabama’s DUI and implied-consent laws. Below, we explain what the law allows, what happens when you refuse a test, and how to protect yourself if you are charged with DUI.

📞 Call (256) 571-1529 to schedule a $100, 30-minute consultation with Attorney Paul A. Seckel, JD, MBA.

Can You Legally Refuse a DUI Blood, Breath, or Urine Test in Alabama?

Yes — but refusing a chemical test in Alabama carries immediate consequences.
Under Alabama’s implied consent law (Ala. Code § 32-5-192), anyone who drives on Alabama roads automatically consents to chemical testing if lawfully arrested for DUI. This means that by operating a motor vehicle, you’ve already agreed to submit to a chemical test (blood, breath, or urine) when requested by law enforcement.

If you refuse, the officer can report your refusal to the Alabama Law Enforcement Agency (ALEA), which will impose an automatic driver’s-license suspension—even before your criminal case is resolved.

Administrative Penalties for Refusal

  • First refusal (within 10 years): License suspended 90 days

  • Second refusal (within 10 years): License suspended 1 year

  • Third refusal (within 10 years): License suspended 3 years

  • Fourth or later refusal (within 10 years): License suspended 5 years

These suspensions are independent of any criminal penalties you might face if convicted of DUI.

Can the Police Take Your Blood Without Consent?

If you refuse to submit to testing, officers can quickly obtain a search warrant for your blood sample. Once a warrant is issued, medical staff will take the sample with or without your consent.

Refusal does not guarantee that testing will be avoided — it simply adds additional penalties and complications to your case.

What Happens if You Refuse Testing Under § 32-5-192

Under Ala. Code § 32-5-192, once you are lawfully arrested for DUI:

  • The officer must have reasonable grounds to believe you were driving under the influence.

  • The officer may request a blood, breath, or urine test.

  • You must be informed that refusing the test will result in license suspension.

  • If you refuse, the officer submits a sworn report to ALEA, and your suspension begins automatically.

You have the right to a hearing to contest the suspension, but this must be requested promptly. At the hearing, the issues are limited to whether the officer had reasonable grounds, whether you were arrested, and whether you refused testing.

Additional Consequences Under Alabama DUI Law (§ 32-5A-191)

Even if you refuse testing, you can still face DUI penalties if the officer’s evidence supports the charge. In addition:

  • A child passenger under 14,

  • An injury to another person, or

  • A BAC of 0.15 or higher

can trigger ignition-interlock requirements and longer suspensions after conviction.

You may also face enhanced penalties if you refuse testing but are later convicted of DUI.

Why Legal Representation Is Critical

Refusing a chemical test does not end your case — it makes it more complicated. You’ll face both criminal and administrative proceedings, each with its own deadlines and procedures.

At Guntersville Law, LLC, we:

  • Review the legality of the traffic stop and arrest

  • Examine whether the officer properly followed implied-consent procedures

  • Challenge the warrant or the handling of your blood or breath test

  • Represent you at the administrative-license-suspension hearing

  • Work to reduce or dismiss your DUI charge whenever possible

Contact Guntersville’s DUI Defense Attorney Today

A DUI charge can affect your job, your finances, and your freedom. Having an experienced attorney on your side is essential to protecting your future.

At Guntersville Law, LLC, Attorney Paul A. Seckel, JD, MBA has extensive experience defending DUI cases in Marshall County and throughout North Alabama.

📞 Call (256) 571-1529 today to schedule your $100, 30-minute consultation.
We’ll explain your options, help you fight your license suspension, and build the strongest defense possible.

Areas We Serve

We proudly represent clients in:

  • Guntersville, AL

  • Albertville, AL

  • Arab, AL

  • Boaz, AL

  • Scottsboro, AL

  • Huntsville, AL

  • Marshall County and surrounding communities

Key Statute:

Ala. Code § 32-5-192 (Effective August 1, 2021) – Consent to testing; refusal; suspension; and hearing rights.
You can review the full text of the statute here:
👉 Alabama Legislature – Code of Alabama § 32-5-192

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