Q: My fiancé was taken to jail for a dui there was no breathylyser no walking a straight line nothing found in the car
No test or anything done at the jail can they do that
A: A police officer can arrest a person for DUI even when they refuse a breathalizer. The officer can arrest for DUI if based on their training and experience a person: has bloodshot eyes, smells like alcohol, was swerving or driving erratically, or had slurred speech.
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A: Generally to have a case that the prosecution can uphold it is best for the officer to do more than nothing. Its important to get the discovery in this case and review it for additional issues that will assist in defending this case. The short answer, however, is yes, if the officer has enough to support a suspicion of DUI then the officer will arrest on that suspicion.
1 user found this answer helpful
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