Legal Question in DUI Law in Alabama

DUI Proof/Blood Test Laws

When the police stop and arrest you for DUI of a Controlled Substance, isn't a blood test mandatory on their part? Circumstance: person was stopped w/o cause allegedly routine New Year's holiday road check), blew 0.00 breathalyzer, passed all field sobriety tests, was still arrested & charged w/ DUI of a Controlled Substanced. He requested a blood test. Police refused; told him the only way they would allow him a blood test was if he had the money to pay for it himself in his pocket then and there. Police refused family access to get him a blood test until more than 24 hours had passed. Is this legal?


Asked on 1/12/09, 12:44 pm

1 Answer from Attorneys
William Pfeifer Pfeifer LLC

Re: DUI Proof/Blood Test Laws

The prosecutor has the burden of proof in court to prove that the person was under the influence of controlled substances. Without a blood test, it will be extremely difficult for the person to be found guilty.

The police may be trying to get around the blood test by claiming either that the person admitted to taking controlled substances or by having found controlled substances in the car. However, many judges will not find a person guilty on a controlled substances DUI without a blood test.

My advice would be that you contact a criminal defense attorney who handles DUI cases, and go over all of the facts of the situation in detail. DUI cases are far more complicated than most people realize, and there are many small details that are significant in defending persons charged with DUI. You need to speak to someone with experience in DUI defense so that this case can be properly defended in court.

My firm handles DUI defense. If you would like to discuss the case with me, please feel free to call my toll free number and press 1 to reach my direct extension.

Good luck!

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Answered on 1/12/09, 12:55 pm


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