Ala. Code § 32-5-192 (1975) Implied Consent; When Tests Administered; Suspension of License Or Permit to Drive, Etc., For Refusal to Submit to Test

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 32-5-192 (1975)

(a)

(1) Any person who operates a motor vehicle on the public highways of this state shall be deemed to have given consent, subject to this division, to a chemical test or tests of his or her blood, breath, or oral fluid for the purpose of determining the content of any impairing substance or substances within a person's system, if lawfully arrested for any offense arising out of acts alleged to have been committed while the person was driving a motor vehicle on the public highways of this state in violation of Section 32-5A-191.

(2) The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person was in violation of Section 32-5A-191, while driving a motor vehicle on the public highways of this state.

(3) The law enforcement agency that employs the officer shall designate which test or tests shall be administered. The person shall be told that his or her failure to submit to a chemical test or tests will result in the suspension of his or her privilege to operate a motor vehicle for a minimum of 90 days. If the person objects to a blood test, the law enforcement agency shall designate that one of the other tests be administered.

(b) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a) and the test or tests may be administered, subject to this division.

(c)

(1) If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test or tests designated by the law enforcement agency as provided in subsection (a), none shall be given, unless a court order has been obtained ordering the person to submit to a chemical test or tests.

(2) The Secretary of the Alabama State Law Enforcement Agency, upon the receipt of a sworn report of the law enforcement officer that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state in violation of Section 32-5A-191 and that the person refused to submit to the test upon the request of the law enforcement officer, shall suspend his or her driving privilege as defined in Section <codecitation statecd="AL" sessionyear="2023" datatype="S" title="32" catchline=""Driving privilege" or "privilege" defined">32-5-191</codecitation> as provided in Section 32-5A-304.