Dui
i didnt take a breathalyzer and was arrested for dui can i fight this because they do not have proof?
3 Answers from Attorneys
Re: Dui
Generally speaking, cases where there is no breathalyzer test and no accident are much more difficult for the government to prove than cases in which there is a BT over .08 or an accident. Everyone has an absolute constitutional right to take every case to trial. The decision of whether or not you should go to trial in your case or "fight" the case depends on a number of factors, including your performance on any "field sobriety tests" (saying the alphabet, walking a straight line, etc.) your operation of your vehicle prior to the stop (weaving or straddling lanes), your interaction w/ the officer after the stop, your speech, appearance, and hand/eye coordination during your interaction w/ the officer, whether there were any eyewitnesses to the stop, and a number of other factors. An attorney would be able to evaluate your case and advise you whether you should take your case to trial. In the end however, the decsion as to whether you should go to trial is yours and yours alone.
Robert P. Kidd
Re: Dui
I agree generally with Mr. Kidd. I reply in case your case is in Colorado as is possibly indicated above. Contact me if you have other questions.
Re: Dui
You should talk to a lawyer about your case and find out how strong the evidence is against you. There are many other factors besides a breathalyzer that the Commonwealth can use to proves its case against you-i.e.--field sobriety tests, observations of officers, driving. If you would like to talk to me further--please e-mail me at [email protected]. Martha Kovner