Can you? Well, anything is possible. The liklihood is that the State will seek to prosecute you based upon the officer's observations. This can be a sufficient basis to convict, depending on the perceived credibility and detail of the State witnesses by the Court. In addition, I assume that you were also charged with Refusal of the testing procedures. If this is accurate, the Court could also find you guilty of that offense and potentially sentence you to consecutive suspension terms. Since you do not provide any additional facts, there are no other observations I can make. Good luck.
This information is offered for educational purposes only. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.
Obviously, the DA won't have evidence of your specific blood alcohol level, but yes, they can still charge you with a DUI.
At trial, they would have to prove that you were driving improperly because of alcohol intoxication. The smell of alcohol, your field sobriety tests, etc may be enough to convince a jury. If you were just stopped for an equipment violation and they have no chemical test, you may have a better shot.
Keep in mind though, that the jury will likely be told that your refusal to submit to chemical testing shows a consciousness of guilt - that the reason you refused was because you knew you'd be found over the legal limit.
Best to discuss the particulars with an experienced criminal defense attorney in your area. This one is going to be fact specific - something we cannot analyze over the internet.
Actually, you have a better chance of "beating it" without the test because all the state has left is just the officer's observations.
You need to retain the best experienced criminal defense lawyer you can find and pay him/her well.
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