• Attorney Joseph Soler

Can I Be Found Guilty Of DUI In Florida If There Is No Breathalyzer Test?

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

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