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Can You Be Charged with DUI Without Evidence?

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Three Things to Know About Summer Drunk Driving Arrests

Can you be charged with DUI without evidence? It’s first important to understand what’s considered evidence in a DUI investigation.

Charged with DUI? Unhappy with your current attorney? Request a free consultation now.

Faulty equipment can lead to a drunk driving arrest

First, check your equipment. You should regularly check your vehicle to make sure all of your equipment is working properly. This includes things like headlights, taillights, brake lights, license plate light, etc. This is an automatic way to draw attention from an officer who may never have pulled you over otherwise.

Moreover, make sure this equipment is on. Many clients get pulled over for accidentally bumping the headlight knob on the control panel. Finally, ditch tinted windows. You may look cool, but an officer’s first instinct is to pull you over. This is one way to find yourself asking if you can be charged with DUI without evidence.

You are the evidence in a drunk driving investigation

When you get pulled over, you must pay attention to everything you say and do. You are the best piece of evidence against yourself. The officer takes mental notes of everything from your appearance to your behavior.

Red eyes, disheveled clothes and incoherent/nervous chatter are all things that immediately turn a speeding ticket into an OWI investigation. The most important thing you can do is keep your mouth shut. You shouldn’t admit to any drinking or coming from a bar. An admission to drinking will not get you a break, despite what the officer may tell you.

If the officer asks you to step out of the vehicle, you should always ask if you’re free to go or if you’re detained. This question can greatly help your defense down the road. If the officer tells you that you must exit the vehicle, it’s generally a good idea to do so. However, you’re not required to submit to any field sobriety test that the officer asks you to perform.

The officer will use these tests against you to establish your guilt. While you’re free to perform them if you wish, remember there is no penalty for refusing the field sobriety tests. (These tests usually include walking a straight line, standing on one leg and checking your eyes.)

You are not required to take a roadside Preliminary Breath Test (PBT)

The officer may also ask you to submit to a Preliminary Breath Test (PBT). Refusing to submit to this test is punishable only by a civil infraction and fine. However, if you take this test, you’ll be giving the officer the best piece of evidence to arrest you. If you don’t take the PBT, the case against you is much weaker. A breath sample above a .08 gives the officer probable cause to arrest you.

  1. If you are placed under arrest, continue to remain silent. The officer is continuously looking for ways to make the case stronger. However, when you’re asked to take a chemical test post-arrest, you should always consider agreeing. You must still take the test whether or not you took the PBT roadside.

  2. If you refuse a breath or blood test, a warrant will be drafted to obtain a blood sample. Moreover, your license is suspended for one year and six points will be added to your license. Therefore, refusing the chemical test post-arrest won’t help your case. In fact, more stress will add to the situation.

Clearly, the best way to avoid all of these issues is to be responsible. Don’t drink and drive. Call a ride to pick you up or stay the night at someone’s house. However, if you find yourself in the above situation, remember one thing: you are biggest source of evidence against yourself.

Exercise your right to remain silent and don’t let the police bully you into making their job easier. If you are still arrested, hire an attorney who is experienced in defending OWI offenses.

So can you be charged with DUI without evidence? Anything is possible, especially when one person’s evidence is another person’s opinion.

Charged with DUI? Unhappy with your current attorney? Request a free consultation now.

Barton Morris
Barton Morris has been providing high-quality legal representation in the area of state and federal criminal defense for more than 20 years.
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