Can I get a DUI ticket if no field test or toxicology test were given? 71 Answers as of June 28, 2013

I was involved in a single car accident where I lost control and hit a tree. I was knocked out and awoke in an ambulance. Four days later I was released from the hospital and found DUI ticket in my wallet. I obtained an accident report which stated obvious intoxication. No field test was given and no toxicology was requested or given by the hospital. I have all paperwork copies. Empty beer cans were in the car but I was not intoxicated. Will the charge stick just by the police officers assumptions?

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Based on the facts as you presented them you should strongly consider hiring an attorney who is skilled in DUI cases to represent you in this case.
Answer Applies to: District of Columbia
Replied: 8/15/2012
Nenye Uche—Attorney at Law
Nenye Uche—Attorney at Law | Nenye Uche
Yes you can. In Illinois, during an emergency, an ER doctor can order that your blood be drawn and tested, without your permission, and in order to treat you.

If alcohol or other intoxicating compound is found during the test, then the prosecution could use such evidence against you. However, such blood test must be done following certain procedures. You need an attorney who can determine if those procedures were followed.
Answer Applies to: Illinois
Replied: 8/15/2012
Law Offices of Eric J. Bell | Eric J. Bell
You should fight your case - hire an experienced DUI lawyer.
Answer Applies to: Illinois
Replied: 8/15/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Hire a lawyer now. The fact scenario you paint here is one a good lawyer can and should win or get dismissed.

If you go to the DA and try to represent yourself, you will end up screwed. The DA is the highest ranking cop in the county. That is the best way to explain it, so as you can imagine, the DA's office believes cops.

They do not question cops. They accept cops are infallible. If you try to represent yourself, you will find you are arguing with a cop trying to convince him/her that cops make mistakes. How far do you think that will get you?

A lawyer however, argues the law is on your side and reminds the DA's office that they are not actual gun carrying, badge wearing cops. They are officers of the court that must first and foremost follow the law, opinions of cops do not count.
Answer Applies to: Texas
Replied: 8/15/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Are you certain that a blood warrant wasn't obtained and they are waiting for the toxicology results? That's what usually happens in these cases. It's also likely that they will subpoena your medical records of your stay in the hospital which likely will contain blood test results.
Answer Applies to: New York
Replied: 8/15/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Most DUI convictions are based on the officers subjective opinion that you were too intoxicaed to safely operate a motor vehicle on the public highways. No intoxilizer test is needed. If the office feels that you are too intoxicated to perform FST he does not have to administer them. Your hospital records might help you if they show that you were not intoxicted or under the influence of drugs.
    Answer Applies to: Alabama
    Replied: 8/15/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Usually the cops will have hospital staff take a blood sample as they do not need a warrant when there is an accident.

    This may have occurred and they do not have the results due to a back log at the State crime lab.

    If they have no test results you have a great chance to win at trial or have the matter reduced to a non-alcohol related offense; however, you should not go it alone, hire an attorney.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    The prosecutor will have to prove the charge beyond a reasonable doubt.

    Whether the officers testimony will be enough for a conviction would ultimately be up to a jury.

    At trial you could testify as to your version of the events and a jury would have to evaluate the evidence.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    I'm sure they took your blood to price their case. You certainly have a right to defend it, but one would need to see all the evidence they have to see if a case will stick.
    Answer Applies to: Michigan
    Replied: 8/15/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    In Nevada, chemical tests are mandatory if the police officer has reasonable suspicion that a person is under the influence of alcohol.

    If a chemical test was not administered and no field sobriety tests were administered, it would be difficult to prove the charge beyond a reasonable doubt.

    In some cases a person is so intoxicated that the charge can be proven without any tests. If a person was literally 'falling down drunk' a judge or jury could conclude that a person was under the influence without any test.
    Answer Applies to: Nevada
    Replied: 8/15/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Get representation immediately. You may have potential defenses.
    Answer Applies to: Minnesota
    Replied: 8/15/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Yes. If you do not have an attorney, you need one.
    Answer Applies to: Georgia
    Replied: 8/15/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Sound like VERY weak case to me.
    Answer Applies to: New York
    Replied: 8/15/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, you just don't have the same level of evidence against you as you would have if those tests had been conducted.
    Answer Applies to: Kansas
    Replied: 8/15/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You can get a DUI (OUI in MA) no matter what tests, or if NO tests are given. The officer simply needs probable cause to arrest you on OUI charges. The odor of alcohol with erratic driving and staggering is far more difficult evidence to overcome than missing a few steps on the 9 step walk and turn. Yes, you can be charged with OUI without breath or blood tests or even field sobriety tests being given. Get a good lawyer!
    Answer Applies to: Massachusetts
    Replied: 8/15/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, you can be charged, but no that does not mean the prosecution will win. in a situation like this, they will often take a blood sample while you are unconscious - certainly possible - if BAC over .08, you will get a notice in the mail from DMV indicating you will be revoked in 7 days unless you request a hearing if some of you paperwork says REFUSAL, then no test, but you should immediately go to DMV and request a hearing without the cop - Get a good DUI attorney ASAP In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 8/15/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You should immediately hire an aggressive attorney. The police may rely on their observations, but there is also the possibility that while you were at the hospital your blood was drawn and examined. An attorney who is trained to argue against the admission of that sort of evidence is your best option in defending.
    Answer Applies to: Hawaii
    Replied: 8/15/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    DUI is only for people under 21. And yes you can get a ticket for DUI if you just smelled like alcohol.
    Answer Applies to: Texas
    Replied: 8/15/2012
    Sedin Begakis & Bish | Mindy Bish
    I would verify whether the hospital took blood tests which revealed alcohol levels in excess of the limit. If the answer is no then a DUI will be almost impossible to prove.
    Answer Applies to: California
    Replied: 8/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It sounds to me that you have a good chance of beating the DUI, but I would not proceed forward with this case without representation by counsel. He can get the police reports and all evidence in the possession of the prosecution, there may be something that you have not been made aware of that is being held against you.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, and you could be convicted on the officer's testimony. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 8/14/2012
    Michael E. Jones, P.S. | Michael E. Jones
    Obviously the answer is yes! You have it. The question of conviction depends on the complete case and may require an actual trial to try to get a dismissal.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Unless there were blood tests, then I'd be surprised to see you convicted of DUI. Perhaps when you hire an attorney, he/she can/will find out what evidence is available against you.
    Answer Applies to: Pennsylvania
    Replied: 8/14/2012
    Calvert & Hubach | Jenny Hubach
    Yes, however, the prosecutor would have a difficult time proving the case is properly challenged.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Steven Alpers | Steven Alpers
    They will need some sort of evidence of intoxication.
    Answer Applies to: California
    Replied: 8/14/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    If you were taken to the hospital as a result of the accident, it is almost certain that blood was drawn and a sample was sent the Michigan State Police lab for testing for alcohol and/or drugs. If not, then the prosecutor could still proceed with the charge, he/she would just be lacking the concrete evidence of a breath, blood or urine test result. It make the prosecutor's job harder, but not impossible. You could be convicted on circumstantial evidence alone.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, you can be charged in a situation like that, but that kind of DUI case is often tough for the prosecution to prove. A lot of jurisdictions will get a search warrant for your hospital records in a case like yours.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Law Offices of Christopher R. Smitherman, LLC | Christopher R. Smitherman
    The short answer is yes. A field sobriety test is a tool that an officer uses to make or evaluate someone's level of intoxication. A successful defense in this case is possible and more information needed whereby a skilled defense lawyer could create reasonable doubt. Of interest..... Are you charged as driving over the legal limit (.08) or is it based on a subjective opinion? The former could be deduced if there was a BAC level taken at the hospital. The latter would be a hard prosecution if there were no sobriety tests, no observation of operation of the vehicle, and no other forms of real evidence which suggest intoxication.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Yes, you can be both arrested and convicted even if no blood alcohol test were given, however it can weaken the case. You also bring up a separate issue which needs to be discussed with an attorney before you make any appearances. Find an attorney and discuss the case with them.
    Answer Applies to: California
    Replied: 8/14/2012
    Clinton Law Office | Michael Clinton
    Yes. All that is needed is evidence that you had been drinking and that your driving was impaired. Your situation may be hard for the prosecutor to prove (or not depending on other facts) but in the end, a jury will decide if you are guilty.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    I cant speculate on what their evidence consists of for the charge but under the circumstances it is almost a certainty that a blood draw was obtained. Done via proper procedure, law enforcement is allowed to obtain a blood draw especially in an instance when you were unable to give consent but were arguably obligated to do so.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    The short answer is yes you can be charged with DWI/DUI in NH even if you did not perform field sobriety tests and no breath test was performed or blood sample taken for testing.
    Answer Applies to: New Hampshire
    Replied: 8/14/2012
    T.K. Byrne | Timothy K. Byrne
    You can be charges under common law dui. That is propbably what happened here. It will be your word against the officers.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally they have the hospital due a blood draw. Once the test comes back you may be looking at having to defend against the DUI.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Lee Law Group | Ernest Lee
    Friend: Had you had anything to drink? It appears the police reached the conclusion that you were intoxicated by the smell of your breath, the beer cans, etc. However, you may be able to get the case dismissed, if you haven't waited too long. If that fails, you may be able to win in court based on the state's lack of evidence since the state does not have hard and fast evidence of your intoxication. They do have the Police's testimony and that may be, (and often is), enough.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    You can get a ticket any time an officer has probable cause to believe you committed the offense. Also, DUI is a misdemeanor offense. So, when you say you got a DUI "ticket", it probably was a summons to appear in court. If so, be sure to note the appearance date and be sure to show up in court on that date. If you don't, the court could issue a bench warrant for your arrest. You can't be convicted of DUI unless the prosecution proves each and every element of the charged crime beyond a reasonable doubt. Unfortunately, in California, they don't have to have a toxicology test to prove this. In California there are two types of DUI charges. They are vehicle code 23152(A) (Driving under the influence of alcohol/drugs) and 23152(B) (Driving with a blood alcohol content (BAC) of .08% or higher). ?With both charges, the prosecution must prove (1) that you drove a car and (2) that, at the time you drove the car you were under the influence of alcohol and/or drugs. ?The difference between the (A) and (B) counts is that with (A) the prosecution must also prove that the alcohol and/or drugs impaired your judgment to the point where you could not safely operate a motor vehicle. ?With the (B) count, they only have to prove that your BAC was .08% or higher. Of course, to prove the (B) count, the prosecution needs the results of some kind of test (usually breath and/or blood, urine if drug intoxication is alleged). If they never did such a test on you, they can't prove the (B) count. But, they can still prove the (A) count if they can convince a jury that you were under the influence of alcohol and that it impaired your judgment. You indicate below that the accident report stated intoxication. The prosecution will likely offer this as evidence you were under the influence. You indicate below that you hit a tree and were knocked unconscious. The prosecution will likely offer this as evidence your judgment was impaired. You should seek legal counsel immediately to protect your rights. Whether you have retained an attorney or not, be sure to show up on your court date.
    Answer Applies to: California
    Replied: 8/14/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    The officer can charge you based upon his belief that you were intoxicated. However, if the evidence is weak, you can defend the case in court.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Even without the test you can be found guilty, you need a lawyer to listen to your contentions and defend you.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    There was no alcohol test done by the hospital? What is in the medical records? They should have something in order to charge you. Just an accident is not sufficient. You need an attorney.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal attorney or call my office for a consultation. You can be charged with a DWI but they will need proof that you were either intoxicated or impaired to some degree. The empty beer cans are evidence but hey are not proof that you were intoxicated. If there were no breath or bold test and no proof of your driving the vehicle you might win at trial.
    Answer Applies to: New York
    Replied: 8/14/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    You can be charged. It would be hard to prove if no blood was taken by the law or by the doctors.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    The charges can stick without toxicology results. But maybe the hospital did tests for your treatment that could help - or hurt- your case.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I seriously doubt that no toxicology tests were done at the hospital. When ever someone is injured and taken to the hospital, toxicology tests are always run as the treating doctors need to know what might be in the person's system before they are treated. You were unconscious when taken to the hospital and were there for 4 days I have no doubt that there are toxicology reports. On a side note, the DUI statute reads "having a blood alcohol of .08 or above, or driving that is affected to an appreciable degree." This means that they don't even need a breath test, if the facts can support a DUI conviction. Other factors: empty beer cans in the car that you were in possession of; the officer and/or paramedics, in their respective reports probably noted "strong odor of intoxicants coming from person" or something to that effect. Also, consider, how did the police and/or paramedics come upon you? Did someone witness the accident and your driving prior to the accident? All these questions need to be answered. Lastly, field sobriety tests are always voluntary, so the fact that they don't exist are not critical. I do not want to be all doom and gloom, as there could be a lot of other factors that might help your cause. You really need to hire a good DUI attorney on this one.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Gorman Law Group, P.C. | Troy T. Gorman
    There are essentially 3 ways to be charged with "DUI". 1. If you are under the age of 21 and driving, any amount of alcohol is illegal; 2. If you are "visibly" impaired in the opinion of the officer (erratic driving, stumbling, slurring); 3. A blood test or breath test show that you are over the limit. Assuming you were over the age of 21, if the officer smelled alcohol on you and saw the beer cans in your care, it might be reasonable for him to assume that you were drunk at the time of the accident. You might also want to check your medical records to make sure that a blood sample was not taken while you were at the hospital. If they did not have a blood sample or do a breath test, you could have a very good defense to the charge. Having an accident does not mean you were drunk, nor does having an empty beer can in your vehicle. They still have to prove their case, and it appears to me that they are missing the evidence necessary to do so.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A case may go to trial based on conflicting statements and observations. Without any blood tests for alcohol content, however, the prosecution's case is weak and would have to rely on the observations and testimony of the officer involved. It is quite possible t hat blood tests were taken at the hospital.
    Answer Applies to: Minnesota
    Replied: 8/14/2012
    The Law Office of Meredith Woods Markham, LLC
    The Law Office of Meredith Woods Markham, LLC | Meredith Woods Markham
    It is definitely a point to argue in court.
    Answer Applies to: Alabama
    Replied: 6/28/2013
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    You have received a ticket charging you with DUI. Whether the police officer can prove the charges is an entirely different issue. If you were unconscious after the accident and awoke in an ambulance it is unlikely that you were given any sobriety tests at the scene but you don't indicate if there was blood drawn at the hospital. This may have been done and if it was, you should try to find out if there was a blood alcohol analysis made. If there was no blood alcohol analysis and if there were no witnesses who are able to testify as to what caused you to lose control and run into a tree and sustain sufficient injuries to keep you in the hospital for 4 days you may have defenses available to you which should be raised in your defense of the ticket. You don't indicate whether the empty beer cans were in the car because you had consumed the contents and you don't indicate how many cans there were and whether you consumed any beer before the accident. You also don't mention anything about your prior driving record and whether you have ever had a prior conviction for a drinking and driving offense. All of this is relevant for your attorney to know so that he or she can negotiate the most favorable disposition of the DUI ticket possible. The police officer will be able to what he saw and smelled and this would be part of the evidence as to why he issued a DUI. You need to retain experienced counsel because the disposition of a DUI charge will not only possibly add points to your driving record but could get the Secretary of State Department of Vehicle and Driver services involved in the disposition of the ticket and affect your driving privilege. austinh@ix.netcom.com
    Answer Applies to: Michigan
    Replied: 8/10/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    You certainly can be charged if the officer believes his investigation has revealed sufficient facts to support probable cause to arrest. Whether the charges hold up to scrutiny by a skilled and experienced DUI lawyer is another matter entirely, and you should seek out the best lawyer you can.
    Answer Applies to: Illinois
    Replied: 8/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The police report is not evidence that can be used in court; however, a testifying officer may use the report to refresh his memory. If you go to trial the jury will get to hear the testimony of the police officer as to how he formed his conclusion that you were under the influence. There are two penal code sections in California that a person may be found guilty of a DUI. One section requires a chemical test the other does not. So yes you can be found guilty of DUI without a field test or a chemical test. In your case your attorney may have a good chance of getting a reduction of charges to a reckless driving.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Yes.
    Answer Applies to: New Jersey
    Replied: 5/29/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    You have the opportunity for a court trial where the burden will be on the prosecutor and the police to prove you were intoxicated. If everything occurred as you say, then they likely won't be able to do that and hopefully a jury will agree with you.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The police are normally trained to make a case for DUI assuming certain standard test results will not be admitted into evidence. The officer also may be a DRE which allows some of his opinions about intoxication to be admitted into evidenceso you can get a DUI ticket. Email transmissions to clients of this office presumably contain confidential and privileged material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal by any unintended recipient of any communication is prohibited without our express approval in writing or by email.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No the charges will not stick.
    Answer Applies to: New York
    Replied: 6/28/2013
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    The case can be won with a competent trial attorney because an accident injury could cause the same symptoms as intoxication by taking alcohol or drugs.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes. They can charge it - but can they prove it?
    Answer Applies to: Michigan
    Replied: 5/29/2013
    Pingelton Law Firm | Dan Pingelton
    It depends. Both sides have facts in their favor.
    Answer Applies to: Missouri
    Replied: 6/28/2013
    Reeves Aiken & Hightower | Arthur K. Aiken
    In South Carolina, no field sobriety test is required if the driver is incapacitated. Toxicology is not required in any case. The absence of these two elements sometimes makes a DUI easier to defend.
    Answer Applies to: South Carolina
    Replied: 8/14/2012
    Walpole Law | Robert J. Walpole
    You are entitled to the full protections of the Constitution. You are presumed innocent, do not have to testify and that cannot be used against you either, the State has the burden of proof to convince a jury that each and every allegation showing you were DUI is proof beyond a reasonable doubt. The fact those tests were not conducted is not determinative of whether you were DUI. You should retain an attorney as soon as possible.
    Answer Applies to: Oklahoma
    Replied: 8/14/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Yes.
    Answer Applies to: California
    Replied: 5/29/2013
    Pietryga Law Office | Russ Pietryga
    Did they draw blood from you? That is the key to your case. Usually, they will take blood. If not, the prosecution has a bad case. Hope this helps.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Salladay Law Office | Lance Salladay
    You can certainly get the ticket but whether the prosecution can prove the case is another story- however the accident and beer cans may be circumstantial evidence that weigh against you.
    Answer Applies to: Idaho
    Replied: 8/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The officer did not assume, when you went to the hospital, the hospital personnel took blood. That blood was tested and probably showed alcohol in your system. The police are not stupid. S
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Mary W Craig P.C. | Mary W Craig
    Probably so. If a police officer believes from your actions that you were under the influence of something, he can ticket you for driving under the influence. However, you have lots of reasons why you might have driven off the roadmechanical failure, you fell asleep, lost control of the car, that sort of thing. The presence of empty beer cans in the car, though, along with the fact that you hit and tree may be enough for a judge.
    Answer Applies to: Alabama
    Replied: 8/14/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Being charged with DUI and being convicted are two separate things. The police can charge you with anything, whether it will stick is a separate matter. The police may file charges based on there opinion that you were intoxicated. Don't be surprised if you find out that they had a blood draw performed while you were in the hospital. If you were in fact sober, the blood test will support your position. It is up to a jury to decide if the police opinion that you were intoxicated is credible beyond a reasonable doubt. You need a good attorney to help you with this matter. Start preparing for an eventual trial. Were you with people before the accident who can testify that you were sober? What do your medical records say? Start preparing your case as soon as possible.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    A DUI charge CAN be sustained without field tests or toxicology tests. The prosecution must prove (by circumstantial evidence in your case) that you had consumed alcohol and it affected your ability to safely operate a motor vehicle to a substantial degree.
    Answer Applies to: Colorado
    Replied: 8/14/2012
    Jones Jones & Mosley PA
    Jones Jones & Mosley PA | Bernard Jones
    Since you have already been charged with DUI, clearly the answer to your "can I" question is yes. Whether you may be found guilty is a different question altogether. You need to speak with a lawyer as soon as you can.
    Answer Applies to: Mississippi
    Replied: 8/14/2012
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    It's hard to say. The circumstantial evidence against you might be persuasive enough to convince a judge of your guilt. You should hire a lawyer experienced in DUI defense to represent you.
    Answer Applies to: New Jersey
    Replied: 8/14/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    In order to prove DUI, the prosecutor must present evidence that you were intoxicated at the time by either 1) officer testimony that you were not physically able to drive (usually field sobriety tests), or 2) chemical tests such as blood or breathalyzer. They could present evidence such as "i smelled alcohol in the vehicle after the accident" but that wont be enough. If they don't have either of these, they won't be able to convict you. My guess is they took a blood draw while you were in the hospital. You should definitely consult an attorney.
    Answer Applies to: Utah
    Replied: 8/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You can, but you have a good case, because FSTs are a big part of the state's case against you. Contact a DUI specialist, and do it soon because it seems like you have less than 6 days remaining to save your license.
    Answer Applies to: California
    Replied: 8/14/2012
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