Q: my husband was accused of drinking and never given a breathilizer when arrested or after. can he get the charge dropped?
A: Breathalyzer is not the only way to prove someone was drinking, but the chances of a case being dropped or dismissed improve with less evidence. If your husband has been charged with a DUI, he should get a lawyer as soon as possible.
A: The officer's failure to administer a breathalyzer test is certainly good for your husband's case. However, a breathalyzer is not the only way to prove someone was drinking and is not the only evidence a prosecutor can use to prove intoxication and impairment. For example, the prosecutor can also use evidence from a field sobriety test. If your husband has been charged with DUI, he should contact an attorney immediately.
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