Without any blood or breath test, the prosecutor can still proceed, but they will have a much more difficult task than if they had scientific proof. Now, all they have is the opinion of the officer. I have won cases like that, but you are not guaranteed to win. Every case is different. In this case, important factors will be the apparent credibility of you, and the apparent credibility of the officer, in the eyes of the jury. The goal is to get a not guilty verdict from the jury. Once you are convicted, it normally will be very difficult to get that conviction overturned.
Answered on Mar 17th, 2014 at 7:42 PM