Can I be charged with a DUI even if my blood or breath wasn’t tested?

For the most part, DUI laws are not the same across all states and may vary on several aspects such as the punishments and penalties. However, in certain situations you may be charged and convicted of DUI even if your breath, blood, or urine was never actually subjected to chemical testing and the state prosecutors do not have any toxicology reports as evidence against you, according to DUI lawyers in Phoenix, AZ.

When chemical reports are not made available to prosecutors

There are certain plausible scenarios in which chemical test results may not be available to the prosecutor. Such situations include:

• Suspect refused to be subjected to any sobriety testing during his or her arrest – Often times, DUI suspects who are stopped refuse to undertake any sobriety tests such as a breathalyzer or a blood test. Law enforcement officers can only administer these tests with either a signed search warrant or the consent of the suspect.
• In states known as implied consent states like Arizona – A refusal can lead to the immediate suspension of the suspect’s driver’s license, but prosecutors would still be without any toxicology reports.
• Faulty or dysfunctional sobriety testing equipment – Chemical testing reports may not be available because of equipment failure.
• Sample ruled inadmissible at trial – A magnificent Arizona DUI attorney representing the defendant may be able to argue successfully that the manner in which a sample of the defendant’s bodily fluids was obtained was unconstitutional or that it violated one or more of either state or federal procedures. In such cases, the judge will rule that the sample obtained and the chemical test report pertaining to the sample be dismissed and will not allow for the prosecutors to use this information as evidence. This will help build a strong DUI defense.

You may think a taxi is expensive but a DUI blows that out of the water and Phoenix, AZ DUI lawyers know all about this. 

Now in the movie The Way Back you saw many prisoners being treated terribly in a Soviet Union gulag. They had no rights. In the communist system under Joseph Stalin, they were not worth more than rats. Some were bad people but many were not and in the Soviet Union, individuals did not have rights and did not have any freedom. In America, we have rights and if the police want to make a case against you they must gather evidence against you in a logical and proper way.

Gulags do not exist anymore and because of the amazing job Ronald Reagan did, the Soviet Union is no longer. But even in modern day Russia citizens are not treated that well and they do not enjoy the freedoms that exist for citizens in more civilized countries.

Even perpetrators in America have rights and law enforcement needs to respect them. If you need legal help click right here DUI-USAttorneys.com. Legal assistance can be right around the virtual corner.  

How can prosecutors still have a suspect convicted of DUI without chemical test reports?

Phoenix, AZ DUI lawyers reiterate that even though prosecutors do not have chemical test reports or toxicology reports to support their allegations of drunken driving, they may still be able to successfully have the suspect convicted and sentenced for a DUI.

You can drink and drive if it is water!

They can prove inebriation through field sobriety tests. Law enforcement officers subject DUI suspects when they have reasonable suspicion to certain standardized physical tests such as the walk and turn, and one legged stand.

These tests may also provide some insight into the suspect’s sobriety since alcohol has an undeniable and substantial effect on a person’s motor skills, balance, co-ordination, and so on.

Prosecuting legal counselors can also use testimonies from arresting officers and other witnesses in order to have the suspect convicted of a DUI. This is because officer’s observe and report factors such as slurred speech, watery eyes, smell of alcohol on the person, and so forth, which can be used as evidence that the person was inebriated.

DUI laws are complex. Therefore, if you have been arrested or charged with a DUI and need to defend yourself successfully, we strongly recommend that you appoint an Arizona DUI lawyer as soon as possible.