Can someone get a DUI with no chemical test?

Hello, Attorney Patrick Silva here again with another answer to one of your frequently asked questions. Recently I was asked can someone get a Dui with no chemical test? Well a Dui has two separate offenses you vehicle code 23152 (a) which says driving impaired to an appreciable degree and 23152 (b) which say your driving with a blood alcohol level of .08 or higher. So if there is no chemical test taken let’s get rid of the (b) count. However they will still go after you with driving impaired to an appreciable degree. They will look at certain things did your breath have alcohol on it, was your speech slurred, is the cop going to say your eyes were red and watery, did you fail the field sobriety test , were you driving in a weaving or a not paying attention mannor. Those are all the aspects that they look at if they are going to go after you for vehicle code 23152 (a) Driving impaired to an appreciable degree. This is Attorney Patrick Silva Hope you’ve had a nice day. Bye

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Patrick J. Silva

Silva & Silva

​Attorneys at Law

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