Can u Beat A DUI charge if no blood test or breathalyzer was taken?? and if u were not in the car?? and someone just said u was

Asked about 2 years ago - Englewood, CO

a car hit a curve everyone ran out the car and someone said i was the one driving.. i was given a DUI and hit and run but was not drivin... can i beat the case since no blood test or breathalyzer was taken?

Attorney answers (6)

  1. Christopher Daniel Leroi

    Contributor Level 20

    12

    Lawyers agree

    Answered . Jurors want to see the results of chemical tests. I have seen that over and over again as a judge, prosecutor, and defense attorney over the past 21 years. So, the lack of a breath or blood test definitely helps you. So, does the fact that an officer did not see you driving. Can you beat the case? I tell clients that nothing is a guarantee. You might as well go up to Black Hawk and bet on either red or black and keep your fingers crossed. It depends on the quality of your attorney, the quality of the Deputy DA, the judge, and who ends up on the jury. It is a crap shoot. Every attorney on this site has I am sure won cases they thought that they would lose and lost cases that they were sure that they would win.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. John Lawrence Buckley

    Contributor Level 16

    10

    Lawyers agree

    Answered . Can you beat it? Yes.

    However, it will depend a great deal on a plethora of factors...

    As Mr. Leroi has already indicated, jurors prefer to have a chemical test number to hang their hat on.

    Additionally...

    How credible is the witness who claims you were driving?

    How intoxicated did you appear?

    How credible are the officers?

    In short, you need to consult with a DUI defense attorney quickly to protect your rights.

    Best of luck to you.

    John Buckley
    www.buckleycriminallaw.com

    No answer here should be considered to form an attorney-client relationship. You should consult with a licensed... more
  3. Rhidian David Watson Orr

    Contributor Level 16

    7

    Lawyers agree

    Answered . Mr. Leroi and Mr. Buckley are correct. To save time and in the interest of not repeating everything already said - you need a skilled DUI attorney to defend you. There are too many variables in this case and in every case to speculate about a potential outcome without first gathering all the evidence. If you are looking for a guarantee - you won't get one.

    A lot depends on the witness statements and the facts. If you weren't driving, who was? How did the car get there and how did it hit the curb? Hopefully, your defense isn't contingent upon the guy you met at that bar, who you let drive your car and who crashed it and then took off running and no one ever saw him.

    The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian... more
  4. Max Allen Keller

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . As the other attorneys said: Can you win? Yes. Will you win?, nobody knows. Get a qualified Colorado Criminal Defense atty. ASAP to help you. See www.nacdl.org for a list of attorneys near you.

    www.KellerLawOffices.com
  5. Jonathan Neal Portner

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . Good facts. No test results and no evidence in the car. I would need to see the statement of charges. The state has the burden of proof and must meet the burden beyond a reasonable doubt. I like your chances.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more
  6. Troy D Krenning

    Contributor Level 7

    1

    Lawyer agrees

    Answered . You can be convicted on witness testimony and also convicted of DUI even if there is no chemical test. It would be best to consult with a lawyer who works with DUI.

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