Q: My 24 year old son was pulled over and arrested for DWI when driving home from a friends house at 1am last weekend. He
Repeatedly told the officer that he would take a breathalyzer but the officer refused stating that he needed a blood test. My son faints with needles or the site of blood and he refused. Is his refusal considered an admission of guilt? A urine test was not offered.
A: In Alabama, it is actually a pretty good defense when the individual does not take a test. Even though there can be further repercussions, such as a lengthier drivers license suspension, there is NO HARD EVIDENCE to prove guilt beyond a reasonable doubt. A breathalyzer done on the side of the road is not admissible in court because it is hearsay. Of course, once you get to the police station, the breathalyzer is performed on a different machine and is considered more scientific. A blood test goes above and beyond a breathalyzer. However, because of your son's fear of needles, this would not constitute a refusal to take a blood test. If the blood test was never performed, this may actually go in his favor -- especially if there was no breathalyzer. Once again, it would be the state or municipalities burden to prove him guilty beyond a reasonable doubt. A person can "appear" to be intoxicated for many reasons such as lack of sleep, a medical condition, or many other factors. You should consult an attorney in your area to discuss your options.
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