Driver's Rights Card

DRIVER'S RIGHTS CARD

NOTICE TO OFFICER AT ROADSIDE STOP

As required by Alabama law, I am herewith tendering my driver's license. The license is in proper order and I have committed no crime or traffic violation. I therefore request that my license be returned and I be permitted to leave immediately. If you have any doubt about my ability to operate a motor vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return all items taken from me and allow me to leave with my license and in my vehicle, I must assume this is more than a brief investigatory stop, that my liberty is being restrained, that I am under arrest and must obey your orders without resistance. However, I do so under protest.

I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent and not to give evidence against myself. (US Const. 5th Amend., Alabama Constitution).

I request that my attorney be present during any questioning or proceedings against me and that I be permitted to contact my attorney at the earliest possible time, as permitted by Alabama and Federal law. I have the name and phone number with me at this time and would like to call immediately.

Alabama law does not require me to submit to any verbal or non-verbal field sobriety exercises including but not limited to: the walk and turn, the one legged stand, horizontal gaze nystagmus, alco-sensor III, Intoxilyzer 300, S-D2 (hand-held breath testing devices). I therefore choose not to participate in any so called "field sobriety tests", unless my attorney is present when such exercises are performed. If you ignore my constitutional and statutory rights set forth in this card and verbally coerce me into performing such exercises, I am not performing any such exercises willfully and voluntarily, but am doing so to avoid confrontation with you, an armed law enforcement officer.

In compliance with the Alabama Implied Consent Law, I will consent to submit to tests of my breath, blood or urine, which you may direct, provided the test I am offered is properly done and has been properly approved by the Alabama Department of Forensic Sciences. However, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is no way to be considered voluntary. Furthermore, I do not waive any deficiencies in the advisements you are giving me, or in the procedures that you follow. Any consent by me to take a chemical sobriety test is given only for testing devices which are properly approved and where all pretesting protocol and waiting periods are observed. Otherwise, my consent is NOT voluntarily given.

I request that I be provided (Alabama Code, 1975, B 32-5A-194 (4)) with full information concerning your test including a written copy of any reports on the results of your test. If it is used, I wish to view any digital or numerical readouts on the breath machine, pursuant to my Constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical test taken by the state of my blood, breath or urine, and hereby demand that a sufficient sample be collected and properly sealed, refrigerated or preserved to permit re-analysis to be conducted at a later date.

If, after the administration of your test, you decide to charge me with any DUI offense under the Alabama Code, section 32-5A-191, then I request that I thereupon be transported to the nearest available private medical facility which will conduct independent testing. If feasible, I will select and utilize my own physician and medical provider to administer my independent test(s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and a phone directory to arrange this. This request should not be considered to be withdrawn or waived even if I take one or more additional breath tests.

In the event you serve me with Notice of Intent to Suspend my driver's license pursuant to Alabama Code, sections 200, 300 et. seq., then I hereby request that I be afforded a hearing to review the propriety of the proposed administrative suspension. This request should be forwarded by you immediately to the Director of the Department of Public Safety, PO Box 1471, Montgomery, AL 36102.

I object (and do not consent) to a search of my person, my motor vehicle or any of my other property. Unless I give written authority to search my vehicle (for "inventory" or any other purpose) and arrange for impound of my vehicle, I wish for my vehicle to remain at its present location, locked, with a note explaining that it will be removed as soon as possible, and I will arrange for a private tow of the vehicle as soon as I am provided access to a phone.

I hereby release and indemnify your police department for all liability resulting from leaving the vehicle at this location at my request. I also do not consent to being videotaped or audio taped at any time without my written consent, as such unauthorized taping would constitute a violation of my right to privacy under the Alabama Constitution and the U.S. Constitution.

This document represents an official notification that should be retained for your records.

10/99 TCM
Copyright@Revised 2/00

NOTICE OF DISCLAIMER

This card is intended to help educate the Alabama motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. It is provided as general information only. It is not intended to aid drunk drivers in evading punishment, only to protect those being investigated for the crime of Driving Under the Influence. If you have any doubt or questions as to its content or have any questions of how this card applies to a specific case, you should contact an attorney before using this card. The card should be given immediately to the law enforcement officer in the event; a) you are pulled over for any reason related to a DUI investigation; b) if stopped and detained at a roadblock; or c) after being involved in any type of accident and questions about alcohol consumption are asked. It will assist law enforcement in notifying them of how you wish to be treated under the law. No further communication with the officer will be necessary. READ THE 'NOTICE TO OFFICER AT ROADSIDE STOP' ON THE REMAINDER OF THIS CARD CAREFULLY AND KNOW YOUR RIGHTS BEFORE ANY CUSTODIAL SITUATION ARISES. Use of this "Notice To Officer At Roadside Stop" may not be appropriate for certain drivers, including but not limited to: 1) persons who are licensed to drive by another state; 2) persons who have been involved in a collision, especially if serious injury or death has occurred; 3) persons who have been convicted of three or more DUI offenses or other serious driving offenses for which the arrests occurred within the past five years; 4) persons who may have any illegal substance or non-prescribed medication in their system (NOTE: Modern testing methods of blood or urine can detect substances for weeks after ingestion. Test results may be used to charge you with additional crimes); 5) underage persons who, by virtue of admitting any alcohol consumption or giving any test result, may be subject to conviction and punishment for another crime; or 6) persons holding a CDL license who are stopped while driving a commercial motor vehicle and where questions about alcohol consumption are asked. For these drivers a refusal may be more beneficial than the consequences which may result from an unfavorable test result. If you do decide to refuse, obtaining permission to contact an attorney immediately is critical to your case. An attorney may advise you to take the test, and you may have only a few minutes after the time of refusal to change your mind.

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