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Can a person be convicted for a DUI drug offense without a blood test?
They refused the chemical test down at the jail. Can they be convicted of being intoxicated on methamphetamine from only a field sobriety test?
Bob can you elaborate? If there is no proof from the chemical test, how can they convict beyond a reasonable doubt?
Bob can you elaborate? If there is no proof from the chemical test, how can they convict beyond a reasonable doubt?
"is a guaranteed conviction." WHY ? Please say how they can be convicted without the chemical test?
"is a guaranteed conviction." WHY ? Please say how they can be convicted without the chemical test?
"is a guaranteed conviction." WHY ? Please say how they can be convicted without the chemical test?
BBC How can that be?.....how do you know this?
You are wrong, it is not an automatic conviction, it is an automatic DMV suspension and probation. A conviction must be obtained from a jury.
You are wrong, it is not an automatic conviction, it is an automatic DMV suspension and probation. A conviction must be obtained from a jury.
6 Answers
- 7 years agoFavorite Answer
refusal to take the test carries the same penalty as testing positive. The field test, coupled with the refusal is a guarantee of conviction
- Howard LLv 77 years ago
Yes if they failed the field sobriety test. I served on a jury for an alcohol DUI where the individual failed a field sobriety test and refused a blood test or breath test. The cop testified the individual couldn't walk a straight line, stand on one foot, or recite the alphabet. The individuals defense was he wasn't given an opportunity to practice the test. It took us, the jury, about 15 minutes to return a guilty verdict.
- Dan HLv 77 years ago
Most states have laws that say if you refuse to take the breathalyzer or blood test, you receive an automatic conviction based on the other evidence, including the field sobriety test.
- 7 years ago
sad thing is in the US it does not even matter if you took and drug or consumed any alcohol, if a police officer arrests you under suspicion you are guilty! period! IF the officer stated no alcohol suspected or mentioned you have a like 0.0000000000001% advantage. can they be found guilty of course!
if no tests are taken, and an officer says he suspects...
your guilty! period!
ask any attorney!
only chance in hell is if they were asked to do a breathalyzer and they said yes and did take it and it came back no alcohol. even
then you still have upill battle ahead! EVEN when the police have no evidence!
te reason he was pulled over was "because of the place he was leaving from" never mentioned anything about observing any suspect actions!
Source(s): good friend arrested on suspicion OWI, had not been drinking, but doing other things, he did take breath test, wasclean but still arrested, took hiring a VERY high priced lawyer who an ex-prosecuter to get off! was he intoxicated or acting so 100% NO i was there - How do you think about the answers? You can sign in to vote the answer.
- ?Lv 77 years ago
Read the back of your license refusal to take the drug test is an automatic failure. You don't have a "right" to drive it is a privilege that can be revoked at any time.
- ?Lv 57 years ago
Yes they can if you were doing meth and driving you need to pay the price. Most people that arent on Meth dont look like they are on Meth. edit: you are suggesting that you were driving on Meth did you refuse to take a drug test if so you are just as likely to get a DWI.
