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Many people in Alabama believe that you can only be arrested for DUI if you blow over the legal limit on a breath test. But in reality, that’s far from the truth. In Alabama, you can be arrested for DUI even if you pass the breathalyzer, or if no breath test is administered at all. The state’s DUI laws are focused on impairment, not just numbers.
A DUI arrest is often based on a combination of factors including how the driver behaves, how they perform on field sobriety tests, and whether the officer observes signs of intoxication. If a driver appears to be under the influence of alcohol, drugs, or even prescription medication—even with a BAC under 0.08%—a DUI arrest can still happen.
This is a major point of confusion for drivers. A passed breath test doesn’t guarantee you’ll avoid arrest. In fact, a perfectly sober breath result doesn’t rule out DUI if your behavior suggests otherwise. This is especially true in cases involving drugs, as breathalyzers can’t detect substances like marijuana, opioids, or stimulants.
This article breaks down how DUI arrests happen in Alabama even without a failed breath test. You’ll learn how behavior, field tests, officer judgment, and implied consent laws all play into these arrests—and why the breathalyzer result is only part of the equation.
DUI Laws in Alabama Focus on Impairment, Not Just BAC
Alabama’s DUI law is centered on whether a driver is impaired to the point they’re unsafe to operate a vehicle. The standard 0.08% BAC limit is just one way to prove impairment—it’s not the only way. If you’re driving under the influence of drugs, alcohol, or any substance that affects your ability to drive safely, you can be arrested regardless of your breath test result.
Here’s what Alabama law allows:
- A DUI arrest can be made if your driving behavior, physical appearance, or test performance suggests impairment.
- A BAC of 0.08% or higher results in an automatic per se DUI—but lower BACs don’t mean you’re off the hook.
- Arrests can be made even if you blow 0.00%, especially in drug-related cases.
This means Alabama law recognizes that not all impairment shows up on a breathalyzer. Officers are trained to observe and interpret a range of signs during a stop, and they can legally arrest you based on what they see and hear—even if the breath test result appears normal.
Breath tests are just one piece of the puzzle, and they’re often not even relevant in drug-related DUI cases.
Field Sobriety Tests Can Trigger Arrest Without a Breath Test
When officers in Alabama pull someone over for suspected DUI, they often begin by observing behavior and then conducting field sobriety tests (FSTs). These tests evaluate balance, coordination, and the ability to follow instructions.
The most common FSTs used in Alabama include:
- Walk-and-Turn
- One-Leg Stand
- Horizontal Gaze Nystagmus (eye tracking)
If a driver fails any of these tests, it raises suspicion of impairment—even if the breath test result is clean or hasn’t been administered yet. Officers look for signs like stumbling, inability to follow instructions, or poor balance. These cues are considered strong indicators of impaired driving.
In many DUI arrests, officers use the combination of field sobriety performance and overall behavior to justify the arrest, even in the absence of a failed breath test. This is especially true if:
- The driver is acting confused or disoriented
- The driver has difficulty speaking or moving
- There is a strong odor of alcohol or drugs
In short, field sobriety failures are often the tipping point, especially when breath test results are inconclusive or unavailable.
DUI Arrests for Drug Impairment Don’t Involve Breath Tests
One of the biggest reasons drivers in Alabama are arrested for DUI without failing a breath test is because they’re not under the influence of alcohol—they’re under the influence of drugs.
Breathalyzers are designed to detect alcohol, not drugs. That means:
- Marijuana
- Prescription opioids
- Benzodiazepines (like Xanax)
- Amphetamines
- Cocaine
…will not show up on a breath test.
If an officer suspects drug use based on behavior—such as delayed responses, erratic driving, or physical signs like dilated pupils—they may initiate a DUI investigation without relying on the breath test at all.
Instead, the driver may be:
- Arrested based on observed impairment
- Taken in for a blood or urine test
- Evaluated by a Drug Recognition Expert (DRE), if available
A clean breath test result doesn’t mean anything if the impairment is caused by drugs. Officers are trained to recognize the signs, and Alabama law fully supports DUI arrests in these situations.
Refusing a Breath Test Can Still Lead to Arrest
Under Alabama’s implied consent law, all drivers agree to take a chemical test if suspected of DUI. If you refuse a breath test, it doesn’t mean the officer can’t arrest you. In fact, refusal can strengthen the officer’s case, especially if there are other signs of impairment.
Here’s what happens if you refuse:
- Immediate license suspension (90 days for a first offense)
- Officers can still arrest you based on observations and field tests
- Refusal can be used against you in court
- You may still be subject to blood or urine testing under a warrant
Refusing to take a breath test doesn’t eliminate the risk of DUI charges—it may actually make the situation worse. Officers can proceed with an arrest based on everything else they observe, and the refusal becomes one more piece of evidence.
In Alabama, refusal does not protect you from DUI arrest or penalties. It simply adds another legal complication.
When No Breath Test Is Given at All
In some DUI cases in Alabama, a breath test is never administered. This could happen for a variety of reasons:
- The driver is unconscious or unresponsive
- The officer believes the driver is under the influence of drugs
- The breath test device is unavailable or malfunctioning
- The officer pursues a different testing method (e.g., blood draw)
In these scenarios, DUI arrests can still occur based on:
- Field sobriety test results
- Video footage of driving behavior
- Officer testimony and detailed observations
- Eyewitness statements
- Results from other chemical tests (blood or urine)
Officers don’t need a breath test to make a legal arrest. If they observe enough evidence to establish probable cause, they can move forward with the arrest, and prosecutors can use a wide range of evidence to pursue charges.
This highlights how breath testing is not always central to a DUI case in Alabama. It’s just one tool among many.
Officer Discretion Plays a Major Role in DUI Arrests
At every stage of a DUI stop in Alabama, officer discretion is a key factor. Even with a clean breath test, an officer who observes signs of impairment may still proceed with an arrest.
Officers are trained to look at:
- How the driver reacts to questions
- Speech patterns, eye movement, and coordination
- Physical appearance and signs of substance use
- Field sobriety test results
If an officer believes that a driver is not safe to operate a vehicle due to impairment from any source, they have the authority to arrest—even if that decision contradicts the breath test result.
Ultimately, officer judgment is enough to trigger a DUI arrest, provided there’s reasonable suspicion and documented signs of impairment.
That’s why it’s important for drivers to understand that a passed breath test doesn’t guarantee freedom from arrest. DUI laws in Alabama give officers the latitude to act based on the total picture—not just one number.
FAQ
Can I be arrested for DUI in Alabama if I blow below 0.08%?
Yes. If you show signs of impairment, you can still be arrested—even with a low BAC.
What if I pass the breath test but fail the field sobriety tests?
Failing field tests often leads to arrest, regardless of your breath test results.
Can drugs cause a DUI arrest if I blow 0.00%?
Absolutely. Many DUI arrests in Alabama involve drug impairment, which doesn’t show up on a breath test.
Is a breath test required for a DUI arrest?
No. Officers can arrest you based on behavior, field tests, or other evidence.
What happens if I refuse the breath test?
Your license may be suspended, and you can still be arrested and charged with DUI.
Conclusion
In Alabama, a DUI arrest doesn’t require a failed breath test. You can be arrested if you’re impaired by drugs, if you fail field sobriety tests, or even if you refuse to take the test altogether. The state’s DUI laws prioritize driver impairment, not just BAC results.
Understanding this helps clear up the common misconception that a passed breath test guarantees safety from legal trouble. In reality, officers rely on multiple indicators—including your behavior, speech, and coordination—to determine if you’re safe to drive.
To learn more about how DUI laws are enforced in Alabama, visit the How DUI Laws Work page.
For an in-depth explanation of what can lead to a DUI arrest during a stop, check out What Triggers a DUI Arrest During a Traffic Stop.