23 September, 2021

Can you be charged with DUI without evidence?

Driving under the influence of drugs, alcohol, or prescription medication is extremely dangerous. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving is responsible for an average of 28 deaths per day — amassing more than 10,000 total deaths in 2019. 

This article is going to answer the question, “can you be charged with a DUI without being tested via breath test?”, as well as offer helpful advice for what to do if you find yourself facing DUI charges.


can a person be charged without evidence


Can You Be Charged With a DUI Without Evidence? 

Can you be convicted of DUI without a breathalyzer test? 

Operating a vehicle comes with implied consent, meaning that when a driver gets behind the wheel they are consenting to performing blood, breath, or urine tests if they are requested to do so. 

If a driver refuses to comply with testing, they may still be charged and convicted of a DUI even without chemical tests being performed. Refusing to comply with a breathalyzer test is unlawful and carries mandatory penalties such as license suspension (at minimum). 

Jurors will also be informed during the case that the driver refused to comply with a breathalyzer test and prosecutors may use this fact to imply that the driver was likely attempting to hide their intoxication by their refusal to comply. 

Other things such as dashcam or bodycam footage, officer observations, and physical indicators (such as open alcohol in the vehicle) may be presented as evidence during the case. 

So can a person be charged without evidence? If a driver refuses to do a breathalyzer test, other evidence may be used to convict them of a DUI. And at minimum, the driver will likely face license suspension due to their unlawful refusal to do a breath test. 

What to Do if You Are Facing DUI Charges

If you are facing DUI charges, it’s paramount that you get in touch with a seasoned DUI attorney. Traffic and DUI lawyers are specialized in the legal field and have experience working with DUI charges. 

Neglecting to get the right legal assistance for DUI charges can result in unpleasant legal ramifications such as lengthy license suspension, jail time, large fines, and alcohol education training. 

Rather than face the repercussions of a DUI alone, get the legal help necessary for your situation by partnering with a DUI attorney

Contact Leyba Defense Today 

Here at Leyba Defense, we’ve been helping Seattle drivers for many years deal with DUI charges in a productive way. Our firm is passionate about helping our clients fight for justice and get the results they deserve for their case. 

We offer a free initial consultation for those in need of legal assistance and we’d love to set up a time for you to speak with our DUI attorney. Contact us today to set up your free consultation and get the ball rolling on your case.