Can a DUI Breath Test Be Suppressed if the Driver Was Never Placed Under Arrest?
Under Alabama Law, a lawful DUI arrest may be a critical prerequisite to administering a chemical breath test. In Ex parte Love, 506 So. 2d 24 (Ala. 1987), the Alabama Supreme Court addressed the relationship between a lawful arrest and chemical testing under the state’s implied consent law.
Alabama Code § 32-5-192(a)(1) provides that a driver is deemed to have consented to chemical testing “if lawfully arrested” for an offense arising from an alleged violation of Alabama’s DUI statute, § 32-5A-191. This language makes the lawfulness of the arrest an important consideration when evaluating whether a breath test was properly administered.
What If the Officer Never Said the Driver Was Under Arrest?
Consider a situation in which an officer:
- Tells the driver to give them their hands
- Places the driver in handcuffs
- Puts the driver in a patrol car
- Never tells the driver they are under arrest for DUI
- Subsequently administers a breath test
These circumstances raise important questions about whether a lawful DUI arrest occurred before testing and whether the officer complied with Alabama’s implied consent requirements.
What Should Be Examined?
When evaluating a potential motion to suppress, here, at The Stoves Law Firm, would review:
- The timeline: when did the officer arrest the driver, and did it occur before the breath test?
- The basis for the arrest: did the officer establish a lawful DUI arrest?
- The officer’s statements: did the officer tell the driver they were under arrest for DUI?
- The implied consent warning: was the required warning given before testing?
- The available evidence: do body-camera footage, dash-camera footage, and breath-test records support the officer’s account?
If the evidence establishes a violation of the applicable statutory requirements, there may be grounds to move to suppress the breath-test results.
Have You Been Arrested For a DUI in Alabama?
If you have been charged with a DUI, it is important to understand your legal options. At the Stoves Law Firm, we work to protect the rights of individuals facing criminal charges and evaluate potential defenses based on the circumstances of each case.
Contact the Stoves Law Firm at 205-823-7233 to discuss your case and learn whether a legal challenge may be available.