Can I Be Charged with DWI/DUI Even When My Breath or Blood Isn’t Tested?

Man in handcuff

An officer usually instructs a driver to pull over when he or she suspects the driver of DUI. Guilt is further determined by a breath, blood or sobriety test. When the driver’s breath, blood or urine test is not taken, the driver can be charged with a DUI based on the result of a sobriety test.

Officers typically conduct a sobriety test when they suspect that the driver in question is intoxicated. Commonly, sobriety tests include:

  • The walk and turn test: walking in a straight line while following instructions
  • The one-legged stand test: standing on one leg while extending the other leg forward
  • The horizontal gaze nystagmus test: involuntary twitching in the driver’s pupil while focusing on a moving object, such as the officer’s finger

When presenting a case to the prosecutor, in addition to the sobriety test result, the officer may describe smelling the odor of liquor from the driver’s breath or refer to the driver’s slurred speech and watery, bloodshot eyes. The officer may also testify to having observed the driver’s reckless driving. Based on these factors, the prosecutor can convict the defendant of DUI.

An Experienced Criminal Defense Attorney Can Help You

The consequences of a DUI conviction can be life altering. The fines due to a conviction create a serious financial burden, and the loss of your driver’s license could jeopardize your employment. If you have been arrested or charged with a DUI, it is imperative that you contact an experienced criminal defense attorney. Criminal defense attorney Michael Peter Rubas at the Rubas Law Offices has the skills, knowledge, compassion and dedication to help you. He will build a strong defense for you. Call 201-448-9866 or email