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  1. #1
    Join Date
    Sep 2016

    Default Can You Be Charged With DUI With No Evidence of Alcohol Consumption

    A driver in Minnesota got into an accident while talking to a buddy in the car, running into a parked car. The police officer who responded to the scene suspected that he had been drinking, and made him perform roadside sobriety tests. He was then ordered to take a breath test, and he refused. The officer charged him with DUI. How can he be convicted if there's no evidence of his actual blood alcohol level?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Be Charged With DUI With No Evidence of Alcohol Consumption

    Most likely, this is a charge under Minn. Statutes, Sec. 169A.20, Subd. 2 ("Refusal to submit to chemical test crime. It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath, or urine under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license).") In essence, that statute allows the state to prosecute a breath test refusal as if it is a DUI case, with the potential consequences of conviction being more significant than those for a first offense DUI. The driver should work with a drunk driving defense lawyer.

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