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Charged with a DUI?

Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

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Can You Be Convicted of a DUI Without a Breath or Blood Test?

If someone refuses a chemical test, thus keeping law enforcement from getting an accurate reading of their blood alcohol content (BAC), can that person still be charged and then convicted of a DUI? Yes. This is even possible in cases where equipment is under repair, and police are unable to conduct tests. There are also times when the chemical test results are not admissible as evidence in trial, often from a DUI lawyer being able to get that evidence thrown out of court. But not even that is guaranteed to get DUI charges dismissed. In fact, there are at least a couple of ways for a prosecutor to still argue for a conviction.

This would be through a police officer's testimony. This includes field sobriety tests (which you are allowed to refuse without penalty, unlike chemical tests, where a refusal will lose you your driver's license). An officer could explain how you performed the field sobriety tests, and how they showed that you were intoxicated. In fact, they may even have video evidence to back up their description of these tests. Even apart from the field sobriety tests, the officer could testify about smelling alcohol (or marijuana or whatever substance), noticing empty beer cans and liquor bottles, etc.

And then there is the officer's testimony about how you were driving. They could say that they saw you run through a red light and veer wildly in and out of lanes, testifying not only that you appeared intoxicated but that you were driving impaired. Sometimes, this is all the evidence that a jury or judge requires to convict someone who has been charged with a DUI.

When you can be convicted even without hard scientific evidence, any DUI charge will require a rigorous defense to be kept from turning into a conviction. You can find the tireless Tampa DUI lawyer that you need at Thomas & Paulk, P.A. Contact our firm today to learn how our legal acumen and experience can defend your freedom and future.

Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law