The Implied Consent Law found at Code of Alabama, 1975, section 32-5-192, was enacted in 1971 as mechanism to require compliance with the state's Chemical Test for Intoxication Act. Much of the Implied Consent law has been superseded in application by the Administrative License Suspension Act; however, much of the important concepts remain in place. The key points to Alabama's Implied Consent law are the following:
Under the Code of Alabama, 1975, section 32-5-192 states: "Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of 90 days; ..." The arresting or testing officer's failure to inform the motorist that his or her driver license is subject to suspension for test refusal will invalidate the intended license removal.
In the case of Garrison v. Dothard, 336 So. 2d 1129 (Ala. Civ. App. 1979), the court held that the arresting/testing officer must adequately inform the motorist of the consequences of refusal to submit to a breath test before the motorist can be cited for refusing to submit to a chemical test. Also, in Redus v. State, 398 So. 2d 757 (Ala.Cr. App. 1981) the court held that the testing officer's failure to inform the non-consenting motorist of the consequences of refusal will require the State to remove any driver license suspension action.