Ala. Code § 32-5-200 (1975) Consent to Tests; Incapacity; Refusal to Submit to Tests; Notice of Suspension, Etc., of License; Hearing; Appeal

• Library: Alabama Statutes
• Edition: 2023
• Currency: Current with legislation from the 2023 Regular and Special Sessions.
• Year: 2023
• Citation: Ala. Code § 32-5-200 (1975)

(a) Any person who operates a motor vehicle on the public highways of this state who is involved in a crash that results in death or a serious physical injury to any person shall be deemed to have given consent to a chemical test or tests of his or her blood for the purpose of determining the alcoholic content of his or her blood or the presence of any other impairing substance. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe that the person, while driving a motor vehicle on the public highways of this state, was under the influence of alcohol or any other impairing substance. The person shall be informed by the law enforcement officer who is investigating the crash that failure to submit to a test will result in the suspension of his or her privilege to operate a motor vehicle for a period of two years.

(b) For purposes of this section, the term "serious physical injury" means physical injury that creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.

(c) Any person who is dead, unconscious, or who is otherwise in a condition in which they are incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (a).

(d) If a person refuses to submit to a chemical test or tests, none shall be given, unless a court order has been obtained ordering the person to submit to a chemical test or tests. If the person is found not to have been at fault in causing the crash, the Secretary of the Alabama State Law Enforcement Agency may reduce the period of suspension.

(e)

(1) Upon suspending the license or permit to drive or the privilege of driving a motor vehicle on the highways of this state that is given to a nonresident or any person, or upon determining that the issuance of a license or permit shall be denied to the person, the secretary, or his or her authorized agent, shall within three days of suspension notify the person in writing. Upon a request filed by the person within five days from the date of the notice of suspension or denial, the secretary shall schedule a hearing with notice of the hearing to be provided by certified mail to the person stating the date, time, place, and scope of the hearing. The scope of the hearing shall determine all of the following: