What’s Your Chances of Beating a DUI Case with No Breath Test?

What are the chances of beating a DUI case if I refused the breathalyzer and blood test, but took field sobriety tests? Most DUI cases which do not have breath or blood test results can be won much easier.

However, even though a driver has much better odds to beat a DUI or DWI case with no breath test evidence, a person still has to fight to immediately keep a license from getting suspended at the local administrative hearing.

Other reasons why a DUI charge may be dismissed due to insufficient breath results evidence include:

• Lack of probable cause: If a police officer pulls over a driver without a valid reason, the lack of probable cause can lead to the DUI charges being dropped.
• Inaccurate breathalyzer test results: A DUI charge may be dropped if the breathalyzer test results are inaccurate.
• Lack of adequate evidence: If there is a lack of adequate evidence, the court may choose to dismiss the charges.
• Unlawful traffic stop: If it can be proven that the initial traffic stop was unlawful, any evidence obtained as a result of that stop may be deemed inadmissible.
• Plea bargaining: It’s sometimes possible for a defendant to plead to a lesser charge in exchange for the DA dismissing the DUI charges. 

If a police officer doesn’t have a portable breathalyzer and takes a driver to jail, the chances of getting out of a DUI are the same as they would be with a PBT having been used. 

Refusing a breath alcohol test may lessen the evidence against you during your DUI case and decrease your chances of conviction. That being said, refusing the test means that your driver’s license will be suspended, unless your lawyer can help prevent it in time. 

Busted for DUI, No Breathalyzer? Here’s Your Game Plan for Getting Out of the Case (Lawyer’s Insider Tips)

Okay, you got pulled over for a suspected DUI, but dodged the breathalyzer. Now what?

First, it is important to realize this “no-breathalyzer” twist offers a strategic edge with building a strong defense in court.

As specialist DUI lawyers who have won countless DUI cases (with and without breathalyzers), our Board Certified DUI defense attorneys are here to equip you with battle-tested tactics to maximize your chances of success.

Let’s dive into the highest-impact defenses to maximize your chances of success:

The No-Breathalyzer Advantage: Turning Weakness into Strength

The missing breathalyzer is like the prosecution’s missing key – it unlocks opportunities for your defense:

• Challenging Field Sobriety Tests (FSTs): These roadside tests are notoriously subjective. We can dissect administration procedures, highlight potential medical explanations for poor performance, and explore alternative assessments.
• Deconstructing Officer Observations: Subjective observations are open to scrutiny. We’ll analyze the officer’s report for inconsistencies, biases, and potential violations of protocol. Did they properly document procedures and consider alternative explanations for your behavior?
• Leveraging Witness Testimonies: Witness accounts can be game-changers. Did bystanders observe erratic driving? Or can they vouch for your usual demeanor, contradicting the officer’s narrative? We’ll track down every witness and leverage their unique perspective.
• Exploring Other Evidence: Did they find open containers, dashcam footage, or blood test results (if you consented)? We’ll scrutinize the validity of each piece of evidence and identify potential exclusionary grounds.

Remember, your case is unique:

• The strength of the officer’s observations: Were they detailed, objective, and free of potential biases?
• Your performance on FSTs: Was it genuine impairment or influenced by external factors?
• The presence of witness testimonies: Do they support or contradict the officer’s story?
• Your driving behavior: Were there any clear-cut violations or erratic maneuvers?
• Prior offenses: While a clean record helps, we can still fight an uphill battle.

Case Study: A Real-World Example

Imagine you’re pulled over, suspected of DUI. The officer detects signs of impairment, but you refuse the breathalyzer. Here’s how we leverage the “no-breathalyzer” advantage:

• We meticulously analyze the FSTs: Did the officer follow standardized procedures? Was the testing environment controlled? Were there alternative explanations for your performance (fatigue, medication)?
• Witness testimonies become crucial: If they contradict the officer’s narrative or support your usual behavior, it strengthens your case. We’ll interview every witness and explore their potential impact.
• Medical conditions are explored: Perhaps you have a condition that mimics intoxication symptoms. This can explain your behavior without implicating alcohol.

Remember, this is just a snapshot. No two DUI cases are the same, and the specific details will significantly impact your outcome.

Empowering Yourself: Taking Control of Your Defense

1. Get a DUI lawyer – ASAP. Their expertise is invaluable in navigating the complexities of your case and crafting a winning defense strategy.
2. Be transparent and honest. Share everything with your lawyer, even the embarrassing details. They need the full picture to fight for you effectively.
3. Stay informed and involved. Ask questions, understand the charges, and actively participate in your defense strategy. Your input is crucial.

The Key Takeaway

How can I beat a DUI if I didn’t blow? A breathalyzer test result is usually the most incriminating piece of evidence for an individual charged with driving under the influence.

The absence of a breathalyzer creates an opportunity to get out of the charges, but it doesn’t guarantee a win. The legal system is intricate, and each case hinges on its unique circumstances.

By understanding the your ideal defense strategies and seeking experienced local legal help, you’re taking control of your situation and maximizing your chances of a favorable outcome. Remember, every detail matters, and a skilled lawyer can help you navigate the legal maze with strategic precision.

Refusing to take a breath test may seem antagonistic or may even be against the law in some cases. However, choosing not to blow for a breathalyzer test can also be the key defense to winning a DUI case and avoiding the worst long-term consequences.

An arrest review puts a local DUI lawyer in an informed position of important case details, so the attorney can then accurately explain how the seemingly contradiction of not taking a breath test being an arrestable offense, can actually result in the best odds of getting charges dismissed in court.