Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    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
    Location
    Behind a Desk
    Posts
    98,846

    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.

    1. Sponsored Links
       

Similar Threads

  1. Minor in Possession: Minor Charged With Possession of Alcohol, Admitted Consumption
    By MitchellButtrey in forum Criminal Charges
    Replies: 4
    Last Post: 05-19-2014, 11:14 AM
  2. Probation and Parole: Can Vacation Photos Be Used as Evidence of Alcohol Consumption
    By Sinfonia88 in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 07-16-2012, 09:59 AM
  3. Juvenile Court: Minor Charged with Possession or Consumption of Alcohol
    By liz1223 in forum Juvenile Law
    Replies: 1
    Last Post: 05-09-2012, 06:42 AM
  4. Minor in Possession: MIP and Consumption of Alcohol
    By Daviid in forum Criminal Charges
    Replies: 2
    Last Post: 05-06-2011, 02:49 PM
  5. Minor in Possession: 16-Year-Old Charged for Consumption of Alcohol
    By ryan39 in forum Criminal Charges
    Replies: 1
    Last Post: 02-18-2011, 01:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources