Skip to main content

I refused a breathalyzer in Indiana and was never asked to take another, I was arrested with a OWI, how can they prove anything?

Indianapolis, IN |

Was sent to jail and was never asked for a breath, blood or urine sample during processing. Did not take a field sobriety test.

Attorney Answers 3


  1. They do not need a breathalyzer to prove the case. Also, it is not necessary that field sobriety test be taken. If it was everyone would refuse and nobody would every be convicted. However, depending on the circumstances you may have defenses. Meet with a local criminal defense attorney ASAP.


  2. It will be difficult, but not impossible, for the State to prove your guilt. It is likely that they will be relying on subjective evidence, such as your driving behavior and interactions with the officer, including whether you smelled of alcohol, to prove your case. You need to hire a DUI attorney without any further delay to discuss what needs to be done on your defense.


  3. There are two different OWI charges in Indiana. You can be charged with Driving While intoxicated and/or Driving with. Prohibited Alcohol Concentration of blood/breath. Without a chemical test and field sobriety tests, it makes it more difficult but not impossible to convict you of OWI. The arresting officer can testify regarding any bad driving that occurred, his interaction with you (ie., if you were not able to answer simple questions), whether you were exhibiting outward signs of intoxication (bloodshot, glassy eyes, odor of alcohol, slurred speech, etc.). You should hire an attorney who will be able to get discovery in your case to determine what evidence they do have against you.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics