Can I be arrested for DUI without taking a Breathalyzer test?

Drivers who have been arrested for DUI who refused to take a Breathalyzer test may wonder if this helps or hurts their DUI case. Unfortunately, if you have been arrested for a DUI a Breathalyzer test may not be required by law to prove impairment, although the Breathalyzer (if it registers an illegal BAC) does help the prosecution’s case.

There are many actions and driving behaviors which may provide evidence of DUI including bad driving, odor of alcohol on the driver’s breath, poor dexterity, loss of coordination, inability to follow directions, Slurred speech, falling asleep while driving, admission of intoxication, and an inability to pass a field sobriety test.

It is illegal in every state to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher. If your BAC meets this presumed level of intoxication the police officer has probable cause to make a DUI arrest. Depending on the evidence from the DUI stop, however, (which can include a field sobriety test and all other indicators listed above), the prosecution may have enough DUI evidence to prove your driving was impaired by alcohol.

Drivers who refuse to take a Breathalyzer test may also face severe DUI penalties. All states now have instituted Implied Consent Laws which means that you have given your “implied consent” to submit to a chemical test if you are arrested for a DUI. If you refused the chemical test, depending on the state, you may face an automatic suspension or revocation of your driver’s license. This Administrative driver’s license suspension would be in additional to criminal DUI charges.

Hiring a DUI Lawyer

For more information about your DUI case, fill out the FREE case evaluation form and a DUI advocate will contact you to discuss the facts of your case. Visit our website at http://www.duiattorneyhome.com or call our 24/7 DUI Help Line at 1- 866-228-3201 for additional DUI information.

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Beth

Beth L. is a content developer for LeadRival, a cutting edge company that helps connect DUI lawyers with DUI clients. Beth L. writes about a variety of DUI topics to help drivers who have been arrested for DUI, getting them the legal help they need.

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