The only evidence is your standard glossy eyes, smelled of alcohol and slurred speech.
It is absolutely possible but you will want to talk with a qualified DUI attorney in the County where this occurred. Please note that you can still be charged and convicted of a DUI even if you refused. There is a lot of other facts that need to be looked at to determine what possible defenses you may have. I would strongly recommend that you talk with an attorney immediately as a 3rd offense within ten years carries serious consequences.
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
Is it possible? Yes, but so many more facts need to be ascertained to determine that likelihood; things such as whether there was erratic driving, field sobriety tests performed and the results thereof, etc... You also need to be aware that the fact that you refused the chemical test is admissible against you at trial; the prosecution undoubtedly will argue that you refused because you knew you were intoxicated. Do not post any further facts here- you need to consult an experienced DUI attorney immediately. Your attorney will be able to cross-examine the officer at the preliminary hearing and discover all of the alleged observations.
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