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Can I get convicted of DUI if the cop didn’t do any field sobriety tests?

I was charged with DUI after being pulled over for swerving in the road. I admitted to swerving because there had been a small animal scurrying across the street and I didn't want to hit it. The police man asked if I had been drinking and I said no, I had not. He said he smelled booze and proceeded to charge me. The only thing he could have smelled that was remotely like booze was cough syrup. Can he just charge me without evidence? How do I fight this?


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    Thomas A. Medford, Jr. | Law Office of Thomas A. Medford, Jr., PC
    1629 K Street, N.W.
    Washington, DC 20006
    (202) 355-6457
    It may not be the strongest case but base on the facts you presented he could still charge you.
    Answer Applies to: District of Columbia - Replied: 3/17/2013
    Eric J. Bell | Law Offices of Eric J. Bell
    180 N LaSalle St, Ste 1821
    Chicago, IL 60601
    (312) 377-8416
    You should fight this case by hiring an experienced DUI lawyer. There is no breathalyzer or field sobriety tests, and you provided an explanation for your erratic driving. I think you have an excellent case to fight.
    Answer Applies to: Illinois - Replied: 3/14/2013
    Jared Austin | Austin Legal Services, PLC
    909 N. Washington Ave.
    Lansing, MI 48906
    (517) 614-1983
    They can and sometimes do, provided that they have other evidence to substantiate probable cause to place you under arrest. All field sobriety tests serve is to provide the police with evidence against you to arrest you. Nothing good will come of it as it's extremely unlikely you will pass or at least pass all of them and even if you do, they can still arrest you if they have enough probable cause. Without field sobriety tests, and admissions of drinking, it does make their case more difficult. That is where an experienced DUI attorney comes in really handy and earns his fee. They will carefully evaluate the police report, cruiser cam video, and other evidence to determine if there was enough probable cause to even place you under arrest for drunk driving. A good DUI attorney will more than pay for himself and the stakes are too high to do it alone.
    Answer Applies to: Michigan - Replied: 3/14/2013
    Steven Dodge | Steven Dodge
    7960 W. Grand River Ave.
    Brighton, MI 48114
    (810) 220-3916
    Yes. FSTs are just one of many factors that a jury will look at in determining whether you were operating while intoxicated.
    Answer Applies to: Michigan - Replied: 3/14/2013
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    You can be charged with DUI without field sobriety tests. You might be convicted IF he testifies to something different from you. You need an attorney.
    Answer Applies to: Georgia - Replied: 3/14/2013
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