QUESTION
I was arrested for a DUI no blood or breath test taken can they still charge me?
Asked on Feb 07th, 2013 on DUI/DWI - California
15 ANSWERS
John J. Carney
You should retain a good criminal lawyer to handle the case. There must have been an accident for a blood test to be used instead of a breathalyzer bu they can still prosecute you on the officer's testimony.
Answered on Feb 18th, 2013 at 7:29 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes. You can be charged based upon the other prong of the DUI statute and that is your ability to operate a motor vehicle has been affected to an appreciable degree by your consumption of alcohol and/or drugs.
Answered on Feb 12th, 2013 at 7:40 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, they can. Whether you will be convicted is to be seen.
Answered on Feb 10th, 2013 at 7:48 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Yes, you can be charged and convicted without any chemical results. The prosecutor can rely solely on observations of your driving, how you smelled, how you did on your field sobriety tests, etc.
Answered on Feb 08th, 2013 at 1:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, but it will be more difficult. You will need a good attorney.
Answered on Feb 07th, 2013 at 10:34 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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They do not have to have blood or breath to convict of DWI. They can use testimony regarding the way you walked and talked.
Answered on Feb 07th, 2013 at 9:12 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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In Michigan to charge you with Operating While Intoxicated (OWI the Michigan equivalent of a DUI) they will need evidence of your blood alcohol content (BAC) being above the legal limit. That could be proved through either a breath, blood, or urine test. If they fail to have any of that, they shouldn't be able to sustain a conviction for OWI. However, there is a lesser charge known as Operating While Visibly Impaired, more commonly known as OWVI or Impaired Driving. It is a frequent plea bargain for first time DUI offenders. With this charge, the prosecution would not need to prove a certain BAC, but that it is evident from viewing or from observation that you were intoxicated. Here they look at certain factors: bloodshot eyes, slurred speech, balance and motor skills, coherency, acclimated as to time and date, eractic driving, etc. Check with what you are charged with and review the statute and jury instructions to see what the prosecutor has to prove. Consult with an experienced DUI attorney for a case review. These charges carry severe penalties so it is never advisable to proceed without legal counsel.
Answered on Feb 07th, 2013 at 9:12 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
Being arrested is being charged. The question you really need to ask is can they convict me - and the answer is yes. The state does not need blood or breath test to convict you of DWI. Credible testimony that you were driving while appreciable impaired is sufficient to possibly result in a convict.
Answered on Feb 07th, 2013 at 9:11 PM
1 Award
Yes, but it does make your case a little better, if you cooperated entirely with the nurse. A prosecutor can use other evidence to show you were drunk, such as video from a police dashcam, but without the chemical test it does give jurors a reason they might not want to convict.
Answered on Feb 07th, 2013 at 8:18 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Did the arresting officer(s) take your license? If so, does your temporary license indicate whether you are a refusal? The prosecutor can proceed against you for Driving Under the Influence (VC 23152a) but not the "per se" charge of driving with a blood alcohol concentration of .08 or above (VC23152b), unless there is a measurement of blood or breath that is above .08. You should consult a DUI attorney to determine whether or not the evidence is sufficient to support the filing of charges against you.
Answered on Feb 07th, 2013 at 8:04 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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First, yest it is possible to still get charged for a DUI even without a breath or blood test. They can do so based on VC 23152(a), and evidence admitted by way of officer testimony. It can make their case much harder to establish though. Do you know if they listed you as a refusal? After the nurse was unable to get blood, did they offer you a breath test? Did they ever mention to you that they were putting you down as a refusal? You should speak to a DUI attorney in your area in regards to your case as soon as possible.
Answered on Feb 07th, 2013 at 7:10 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You can be charged but it will be difficult for the prosecution to prove their case.
Answered on Feb 07th, 2013 at 6:49 PM
3 Awards
Maybe, but if you cooperated fully, then you have decent argument to dismiss the case - both at DMV and in court contact me to discuss representation. In response to your DUI.
Answered on Feb 07th, 2013 at 6:31 PM
Michael J. Breczinski
Yes they can still charge you but they will have a harder case to prove it.
Answered on Feb 07th, 2013 at 6:30 PM
Yes. In fact, it will be more serious, because they will probably allege a refusal, with worse consequences than a regular DUI. You should hire a DUI specialist, because refusal cases, while more serious, are usually more defensible. And don't forget about the DMV Hearing, which you have only 10 days to request to save your license.
Answered on Feb 07th, 2013 at 6:29 PM