Can you be convicted of DUI if the results of a blood or urine test are positive for a controlled substance that you are not prescribed, even if the drug does not impair your ability to drive?
Whether to refuse the breath test in a DUI case and, if so, how to refuse is one of the most frequent topics that I am questioned about. This article addresses this important issue.
Our client was stopped for failing to maintain her lane and speeding. During the officer's intial contact, our client denied drinking. Later, she allegedly conceded that she drank several highly alcohol beverages. The officer had our client submit to field sobriety tests, which he said that she failed miserably. Our client was then arrested for DUI and read the Implied Consent notice. At the jail, our client submitted to a breath test that produced a reading of .171.
Our client faced charges of DUI - Per Se, DUI - Less Safe, Speeding, Failure to Maintain Lane, Reckless Driving, Driving an Unregistered Vehicle, and Alteration of Tag. Prior to trial, we successfully excluded the breath test from evidence, so the state could not proceed on the DUI - Per Se charge. At trial, the judge directed a verdict of not guilty on the tag violations. After approximately 8 hours of deliberations, the jury found our client NOT GUILTY of the DUI-Less Safe and Failure to Maintain Lane. Our client paid a fine and left the courthouse with me. She suffered no license suspension, community service, DUI school, or other conditions.