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No Breathalyzer Test? You Could Still Be Convicted

A breathalyzer test is only one way for a police officer to determine drunk driving. There are a variety of other field sobriety tests that can be used to see if a driver is driving under the influence.

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DUI Tests and Convictions

If a driver is stopped by police for suspicion of drunk driving, he/she can be prosecuted and convicted of DUI without a breathalyzer test. Although DUI laws vary between states, chemical tests used to test a person’s breath, blood or urine, may not be available to a prosecutor for a variety of reasons:

Refusal to Take the Breathalyzer Test

Laws in some states allow a DUI suspect the right to refuse a breathalyzer test during a traffic stop without penalties. However, if a suspect refuses chemical testing of breath, blood, or urine after an arrest, he/she can face penalties including jail time and license suspension. Most states impose automatic loss of license because they state that drivers accept “implied consent” responsibility for submitting to a breathalyzer test when they apply for a license. A second-degree DUI may result in vehicle forfeiture.

Equipment Failure

In some cases, chemical tests results may be unavailable due to testing equipment failure or malfunction.

Inadmissible Evidence

If a judge rules that a suspect’s test results are inadmissible during trial, the prosecutor will not have access to chemical test results. In most cases, this occurs because the suspect’s DUI defense attorney has convinced the judge that the suspect’s constitutional rights have been violated, or the test sample was not collected in compliance with state or federal procedures. If a DUI suspect challenges the admissibility of a chemical test, a hearing is held prior to trial.

Circumstantial Evidence

If police find evidence of alcohol in the car during a traffic stop, circumstantial evidence can be used against the suspect in court. Statement of admission to the police officer like “I had a few beers” or “I fell asleep at the wheel” can also be used as circumstantial evidence.

Different Charges

Even if a suspect’s chemical test results are not available to the prosecutor, the suspect can still face DUI prosecution and conviction under different charges. Under “DUI less safe” laws in some states, the prosecutor only has to prove that the defendant drank alcohol and “drove less safely” as a result of alcohol consumption.

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Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.