I was arrested for DUI because I refused the breathalyzer test. I went to court once already and that charge was dismissed .

Asked over 1 year ago - 37122

I told my lawyer that I wanted to see the tape from the officers car . What he put in the report was untrue and I wanted his camera to prove his story. The DA and Officer could not provide it and the judge dismissed the charge that day. I have one more appearance for the DUI charge can I be convicted of that charge with no Blood Alcohol test or evidence . My Lawyer says they still can . How can that be with no evidence . The car was parked and the person I was driving home was intoxicated. I stopped at a convenience store he went in to get cigarettes and a cop was in the store and followed him to my car . I told him I was giving him a ride home and not drinking . His report said he then let me go and then I hit a curb . He never even let me back in my car after he got me out .

Attorney answers (3)

  1. William Kevin Hodges

    Contributor Level 13


    Lawyers agree

    Answered . If you feel you are not guilty and there is no evidence then tell your attorney that you want a trial. There may be video at the convenience store that could show the actions of you and the officer. The short answer is yes you can still be convicted just from officers testimony if the testimony is believed over your testimony. Your attorney is the best one to answer these questions since he/she has more knowledge of facts and evidence.

    "Nothing in this communication is meant to establish an attorney-client relationship. The information is provided... more
  2. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . Your attorney is in a much better position to discuss your case and answer your questions. I suggest giving them a call and addressing all of your concerns. If you are for some reason unhappy with your attorney, you are certainly free to consider hiring another. Good luck.

    Jasen Nielsen

  3. Alex R. Hess


    Contributor Level 13


    Lawyers agree

    Answered . Unfortunately, the facts you put in your question are "facts." The DUI allegations are set forth in the police report and criminal complaint, and will stand until the case is dismissed or until you receive an entry or not guilty or acquittal from a jury or judge at a bench trial.

    If the case was dismissed, it's odd that you have another court appearance. Sounds like you already have a lawyer - so you should really be asking him this question.

Related Topics


The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Breathalyzer test for DUI

A breathalyzer is a type of DUI test that involves blowing into a device to test your blood alcohol content.

Lawrence E. Wines

Defending a Breath Test

Breath testing has been around from the 1930(s) and many of the standards are based upon 1950(s) understanding. Every breath testing machine is different and each manufacturers product has... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

32,423 answers this week

3,560 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,423 answers this week

3,560 attorneys answering