DUI Charges Without Evidence

Posted by Troy Slaten | Jul 31, 2013 | 0 Comments

There are many circumstances that can lead to a California DUI arrest and many different ways that a police officer can rule you as intoxicated; but did you know that you can be arrested and charged for driving under the influence when there is no hard evidence against you? Some people believe that refusing a chemical sobriety test is the best way to avoid DUI conviction. Police do not need to have this evidence to make an arrest in California, however.

If a police officer believes that you are DUI, he/she can arrest you even if there is no hard evidence of your impairment. Usually, when you are stopped by police and DUI is suspected, you will have to take a sobriety test. In some cases, you can pass or decline taking the field sobriety tests and refuse to take a breath or blood test to measure your BAC. This will result in no real way to prove that you were driving while intoxicated, but if the police really believe that you are impaired, they can still arrest you. Refusing all sobriety tests may seem like a good idea to some, but a breath or blood test refusal will lead to a minimum of one year suspension of your driver's license.

In another situation, you may take a BAC test and pass by having a BAC level that is less than the legal limit (.08%). If the officer still thinks that you are impaired, they can arrest you regardless of the results of the BAC test. They can even allege that you are under the influence of drugs. In these cases, an experienced California DUI attorney is your best bet if you hope to beat the charges. Without professional legal help, a DUI arrest can lead to a charge and conviction even if the evidence is minimal.

About the Author

Troy Slaten

Troy Slaten is the managing attorney for Floyd, Skeren & Kelly's Criminal Defense practice. He graduated with honors from the University of California, Los Angeles (UCLA). He then went on to earn his law degree from Pepperdine University School of Law.


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