Yes. In Florida, police and prosecutors can still pursue a DUI case even if there is no breath test result. They may rely on driving behavior, field sobriety exercises, officer observations and video footage to show impairment.
What evidence can be used?
Without a breath test, the state may look at other signs of impairment, such as:
- Swerving or drifting
- Speeding or stopping too late
- Slurred speech
- Bloodshot eyes
- An odor of alcohol
- Poor balance or coordination
- Failing field sobriety exercises
- Statements made during the stop
Body camera video, dashcam video and witness statements may also be used. No single fact proves DUI by itself, but several facts together may support the charge.
What if you refuse a breath test?
Refusing a breath test does not stop an arrest. Police may still make an arrest if they believe there is enough evidence of impairment.
A refusal can also have separate consequences under Florida law, including license suspension and possible criminal penalties in some situations. The exact result depends on the facts, so it is important to review the paperwork carefully after an arrest.
Can you challenge the case?
Yes. You can still challenge a DUI case without a breath test in several ways. A defense lawyer may review whether the traffic stop was lawful, whether the officer conducted field sobriety exercises correctly and whether the officer’s observations match the video.
Other issues may include medical conditions, fatigue, poor road conditions or statements that prosecutors should not have used. The lack of a breath test may weaken the state’s case, but it does not guarantee dismissal.
What should you do next?
If police arrest you for DUI in Florida, act quickly. There may be short deadlines for your driver’s license and your criminal case. Keep all paperwork, save any video you have and talk with a Florida DUI defense attorney as soon as possible.