When most people think about drunk driving offenses, they think about a breathalyzer test. A breathalyzer test is a chemical test that measures the level of alcohol in your body. However, not everyone who is charged with a DUI has taken a breathalyzer test. You might wonder if it’s possible to face a DUI charge without a breathalyzer test. Our criminal defense attorney team explains.
Is it possible to get charged with DUI without a breathalyzer test?
Yes, it is possible to get charged with DUI without a breathalyzer test. A drunk driving charge can be based on other evidence of driving under the influence of alcohol like poor driving. It doesn’t always have to be based on certain bodily alcohol content. In addition, it’s possible to get charged with a DUI without a breathalyzer test because the charge may be based on the results of a blood test.
DUI charge based on driving under the influence
Most states have two categories of DUI laws. The first category of DUI is based on the driver’s bodily alcohol content. In other words, the driver takes a chemical test, usually a breathalyzer, and the results are over the legal limit. That’s enough to sustain a DUI charge even if the driver doesn’t have any signs of poor driving.
However, a DUI charge can also be based on driving behaviors. In other words, if the consumption of alcohol influences the driver’s ability to drive, they may face a drunk driving charge based on their driving alone. This is possible even if they are never given a breathalyzer test by the police.
How do the police prove a DUI without a breathalyzer charge?
To prove a DUI without a breathalyzer charge, the police need to prove that the person was drinking. They need enough proof that the consumption of alcohol had an impact on the person’s ability to drive. Typically, the police have to prove that the person’s driving was poor in order to show the influence of alcohol. They may also try to prove influence based on signs of intoxication.
Fighting a DUI charge if there’s no breathalyzer
How you attack a DUI charge if there’s no breathalyzer is slightly different than what you should do if the police administer a breath test. When the case does not involve a breath test, the facts become particularly important. You should do a thorough review of what the police are relying on to show that your ability to drive is impaired. Then, you can challenge the facts that the police are relying on. You might also gather any dashcam or bodycam evidence that exists in order to see if it contradicts the information in the police report.
How a criminal defense attorney can help
A criminal defense attorney can help you respond to a DUI charge. If there is no breathalyzer test, there are some special considerations that may impact how you approach your case. Our attorneys can help you make a plan to aggressively fight the charges against you.