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.

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.

Years of Experience: Approx. 20 years
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

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.