Yes. Typically, if you did not provide breath or blood for testing, the officer will provide testimoney in support of his/her position that you were driving under the influence. Such as, smell of alcohol, blood-shot eyes, poor balance, slurred speech, etc. There is also a charge of Operating While "Visably" Impaired which is based solely upon the observations of the police officer. The issue now is, does the evidence or testimony the prosecutor has meet the burden of proof "beyond a reasonable doubt" that you were drunk or on drugs while operating a vehicle. If you had your own blood test done or have witnesses or other evidence that you were not under the influence, then you could get the case dismissed either by the prosecutor or a jury if they choose to go to trial.
Answered on Apr 10th, 2013 at 12:33 AM