Question

I got a DUI but they don’t have my BAC. What do I do?

Answer

There are a few reasons why the police don’t have your BAC. Two common reasons are: you refused the blood test, or the police officer’s observations were enough to charge you with a DUI. Get a lawyer.

BAC Facts

If you were charged with Driving Under the Influence (DUI), and law enforcement personnel don’t have access to your BAC (blood alcohol concentration), you may be wondering whether your DUI without BAC will be a benefit or a drawback in court. A BAC reading (blood alcohol concentration reading) is powerful evidence. However, it’s not the only form of evidence that judges (and, sometimes, juries) take into consideration before delivering verdicts in DUI cases.

When there isn’t concrete proof of intoxication via BACs, a judge and/or jury will look at other facts in the case before making a decision.

Implied Consent Law

Another factor is whether or not you were arrested in a state with an implied consent law. For example, Rhode Island is a state that does have an implied consent law. This law means that anyone who gets a license in Rhode Island, automatically gives consent to chemical tests (blood tests, urine tests, breathalyzer tests). This means that people who refuse to take chemical tests in the state are breaking the law.

Lots of states have implied consent. Refusing to take a chemical test after being pulled over is not a guarantee that you’ll avoid a conviction.

What Other Evidence Is Important?

When there isn’t a BAC, a judge will depend on other evidence in order to figure out whether or not you were intoxicated when you were pulled over. Other important evidence includes: dash cam footage of field sobriety tests (non-chemical tests), verbal testimonies from law enforcement personnel, your own demeanor, and any existing evidence of drinkingt.

It’s quite possible to get convicted on a DUI without a BAC. The best way to fight this charge is to hire a competent and experienced DUI attorney. A conviction will lead to jail time, driver’s license suspension, fees, fines and having a DUI conviction on your record for five years (this record will be public).

Studies show that evidence offered by arresting officers carries nearly as much weight with judges and juries as BAC tests. If an officer can prove you were operating your vehicle while you were under the influence, you may be convicted.

You do have rights. If you choose to represent yourself, you may not understand all of these rights. In particular, if you’ve been charged with a DUI without BAC in Rhode Island, you should be aware that laws for DUIs in the state are very complicated. It’s best to get help from an attorney who specializes in helping DUI clients, whether they’ve taken chemical tests or not.

Which Attorney Should You Hire?

In Rhode Island, you’ll be wise to hire Daniel Griffin. He’s a respected DUI lawyer in RI with years of experience. He’s a dedicated DUI attorney who helps his clients by using all of the most useful legal tactics to ensure their charges are dropped or reduced. If proof shows a DUI charge can’t be dropped or reduced, Attorney Griffin will build a case that leads to the lightest penalties.

Call The Law Office of Daniel Griffin in Cranston, Rhode Island today!