Navigating the aftermath of a DUI stop can be confusing, especially when you haven’t undergone a breathalyzer or blood test. Many drivers assume that without a definitive chemical reading, there’s no case. However, that’s a common misconception. The reality is, law enforcement has other powerful tools at their disposal to establish impairment, and a DUI charge can absolutely proceed without those tests. Today, we will delve into the various ways you can be charged with DUI based on evidence beyond a breathalyzer or blood test, and what that means for your legal defense.
Here are the topics we’ll cover today,
- Law related to being charged with a DUI
- How do they check without a breathalyzer
- Can you be charged with DUI without a breathalyzer or blood test?
- Which is the best DUI lawyer in Maryland?
With that said, let’s go over what is law related to being charged with a DUI.
Law Related to Being Charged With a DUI
If you’re wondering, “can you be charged with DUI without a breathalyzer or blood test,” you’re not alone. DUI laws across the U.S. make it illegal to drive under the influence of alcohol or drugs, regardless of whether a chemical test is administered.
For example, in Maryland, the law prohibits operating a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher. However, the law also covers cases where a driver is impaired by alcohol or drugs, even if there’s no breathalyzer or blood test result.
Most states have two types of DUI charges:
- Per se DUI: Based on having a BAC over the legal limit, usually proven with a breathalyzer or blood test.
- Impairment DUI: Based on evidence that your driving was impaired, regardless of BAC.
So, can you be charged with DUI without a breathalyzer or blood test? Absolutely. The law allows for DUI charges based on observed impairment or other evidence, not just chemical tests.
How Do They Check Without a Breathalyzer?
If you’re asking, “can you be charged with DUI without a breathalyzer or blood test,” you might also wonder how police determine impairment in those situations. Here’s how it works:
- Field Sobriety Tests: Officers use standardized field sobriety tests (SFSTs) like the walk-and-turn, one-leg-stand, and horizontal gaze nystagmus (eye movement) to assess impairment. These tests can indicate intoxication, but they’re not always accurate and can be failed for reasons unrelated to alcohol, such as medical conditions or uneven surfaces.
- Officer Observations: Police look for signs like slurred speech, the odor of alcohol, bloodshot eyes, poor coordination, or erratic driving. These observations can be documented and used as evidence in court.
- Witness Testimony: Sometimes, witnesses (like other drivers or passengers) can provide statements about your behavior or driving before the stop.
- Video Evidence: Dashcam or bodycam footage may capture your driving or interactions with officers, supporting their observations.
If you refuse a breathalyzer or blood test, or if one isn’t available, police can still gather enough evidence to charge you with DUI based on these methods.
Can You Be Charged with DUI Without a Breathalyzer or Blood Test?
Let’s get to the heart of the matter: can you be charged with DUI without a breathalyzer or blood test? The answer is a resounding yes, and here’s why:
- Impairment-Based DUI Charges: Even without a chemical test, if the officer can show you were impaired—through field sobriety test results, erratic driving, or physical signs—you can be charged and even convicted.
- Legal Precedent: Courts have upheld DUI convictions where no breathalyzer or blood test was administered, as long as there’s sufficient evidence of impairment.
- Refusal Consequences: Refusing a breathalyzer or blood test can lead to automatic license suspension and still result in DUI charges if other evidence supports impairment.
- “DUI Less Safe” Laws: Some states have specific statutes for “DUI Less Safe,” meaning you can be charged if you’re considered less safe to drive due to alcohol or drugs, even without a test result.
So, can you be charged with DUI without a breathalyzer or blood test? Yes, and it happens more often than people realize. Officers rely on the totality of the circumstances—your behavior, performance on field tests, and their observations—to build a case. If you’re facing this situation, it’s crucial to consult a DUI attorney who understands how to challenge the evidence.
Which is the Best DUI Lawyer in Maryland?
If you’re in Maryland and searching for the best DUI lawyer, look no further than Scheuerman Law. As part of the Scheuerman Law team, we are the top choice for DUI defense in Maryland. Here’s why you should choose us:
- Over 40 Years of Combined Experience: Our attorneys have decades of experience handling DUI cases in Maryland courts.
- Personalized Defense Strategies: We tailor our approach to your unique circumstances, analyzing every detail to build the strongest defense.
- Aggressive Courtroom Advocacy: We fight for you in and out of court, challenging evidence and negotiating with prosecutors.
- In-Depth Knowledge of Maryland DUI Laws: Our team stays current with the latest changes in DUI legislation, leveraging every opportunity for your defense.
- Local Expertise: We know the Maryland court system, judges, and prosecutors, giving you an edge in your case.
- Comprehensive Support: From your initial arrest to the final resolution, we guide you every step of the way, answering questions and keeping you informed.
- Affordable, Transparent Fees: We believe everyone deserves quality representation, so we offer fair pricing with no hidden costs.
- Focus on Your Future: Our goal is to protect your record, license, and freedom so you can move forward with your life.
- Proven Track Record: We have a history of achieving favorable outcomes for our clients, even in complex DUI cases.
If you’re asking, “can you be charged with DUI without a breathalyzer or blood test,” and you’re facing charges in Maryland, reach out to Scheuerman Law for a consultation. We have the experience and dedication needed to fight for your rights and your future.
So, schedule an appointment for a free consultation today by contacting us at 443-888-2062, and let us fight for the best possible outcome in your DUI case. If you want to learn more about any DUI issues or anything law-related, then we’ve got you covered with the full Miranda rights.
FAQs
Here are some FAQs related to whether you can be convicted of a DUI without a breathalyzer.
1. Can you be charged with DUI without a breathalyzer or blood test if you refuse both?
Yes, you can be charged with DUI without a breathalyzer or blood test if there is enough evidence of impairment from field sobriety tests, officer observations, or other sources.
2. What kind of evidence is used if there’s no breathalyzer or blood test?
Evidence can include field sobriety test results, the officer’s observations, witness statements, and video footage of your behavior or driving.
3. Can you be convicted of DUI without a breathalyzer or blood test?
Yes, you can be convicted if the prosecution proves impairment using other forms of evidence, even without test results.
4. What happens if you refuse a breathalyzer or blood test in Maryland?
Refusing a breathalyzer or blood test in Maryland can lead to automatic license suspension and still result in DUI charges if other evidence supports impairment.
5. Is it easier to fight a DUI charge without a breathalyzer or blood test?
While it may be more challenging for the prosecution, you can still be charged with DUI without a breathalyzer or blood test. Having an experienced DUI lawyer is crucial for challenging the evidence and protecting your rights.