Q: I was charged with dui. Impaired ability 1st offense. I did field sobriety, i don’t really know results. Cop said he
Felt I was on pot. I was not. I refused blood but have no refusal charges. How can I get a dui with no evedence or refusal?
A:
You can be charged with a crime whenever an officer believes there is probable cause that a crime was committed. This does not mean you will be convicted but it means the process has started. Saying there is no evidence is a grievous misunderstanding on your part. In a refusal case the officer's observations of you are sufficient for an arrest. Depending on the department, there may also be a video tape of your field sobriety tests. Again, this does not mean they are sufficient for a conviction.
Marijuana refusal cases are tough on the Commonwealth. You should work with an attorney to identify potential suppression issues and look at your field sobriety tests to determine likely outcomes. Depending on what that video looks like you may have a very good defense.
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