Yes. None of those (i.e. breath/blood/FST) is a prerequisite to a conviction for DWI. All the State must convince the jury of is that you had lost the normal use of your mental or physical faculties, by reason of the introduction of alcohol, drugs, or some combination. Usually a case like this would be based on the driving facts (e.g. a car wreck or other bad driving facts observed by a witness) or observations made by the police officer. A good defense lawyer will have an argument for every little b/s thing they try to come up with. Ultimately, it's up to the jury, though.
Answered on Jul 22nd, 2014 at 12:40 PM