A prosecutor can still prove a DUI case without a breathalyzer test result by admitting into evidence at trial facts to prove that the person’s normal faculties were impaired.
A prosecutor may use evidence of the following to prove that a person was driving under the influence:
Evidence of poor driving or an accident
The results of the field sobriety exercises, such as the walk and turn test or the one leg stand
Video of the person interacting with law enforcement
Witness statements
Observations like the smell of alcohol on one’s breath or blood shot and watery eyes
Difficulty retrieving the driver’s license or insurance papers
Evidence that the person recently consumed alcoholic beverages
The prosecutor can argue that the defendant refused the breathalyzer test because they new they were over the limit