Yes. You can be charged with DUI or DUID - driving under the influence or alcohol or drugs even without a blood, breath or urine test to prove it. You have made it much more difficult for them to prove the case by refusal to provide a chemical test for them. However, they can proceed based on poor driving, the officer's observations, and any statements that you made. The mistake regarding your middle name is of no consequence and will not impact your case in the slightest. It is not a basis for dismissal. They dod not even need to list your middle name. You need an attorney.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Assuming that the reason the state does not have breath or blood test to prove our blood alcohol content is that you refused testing, the answer is yes. The arresting officer's observations regarding your physical state can be used to convict you, as can the fact that you refused a test.
If you were arrested and not properly advise of your rights, that may have implications of the admissibility of evidence obtained after your arrest.
You should consult a lawyer.
The short answer is yes. The name issue is a minor technical matter that won't prevent them from going forward against you. Being read your rights only matters if they questioned you otherwise it doesn't matter.
It sounds like the police likely characterized your case as a refusal. If that is true, they will be able to use your refusal as evidence of your guilt. Plus the officer(s) will testify that you appearred intoxicated.
You need to talk with an experienced DUI attorney who can help you assess your options. Refusal cases are often very defensible for a DUI attorney who knows how to attack DUI cops and their tactics.
Many of us give free consultations. Call and meet attorneys until you find one you like, trust, and can afford.
Good luck and feel free to contact me if you need any clarifications or with questions.
Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.
You can be convicted of this. Do not post facts especially your name on Internet sites.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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