Can You Be Charged With a DUI Without Failing a Breath Test?

Driving under the influence is one of the most serious traffic-related offenses we can face. Many of us assume that a DUI charge only happens if we blow over the legal limit on a breath test. 

While that’s a common way officers gather evidence, it’s not the only way a DUI case can move forward. In fact, there are situations where someone may be charged with DUI even without failing or even taking a breath test.

At Marvel & Emche, P.A., we provide legal representation for those dealing with DUI charges and other criminal matters. Our firm serves clients across Salisbury, Maryland, and surrounding areas, and we know how stressful it can be when a criminal defense case threatens our freedom and future. 

That’s why we need to understand how DUI charges can be brought against us in ways we might not expect.

How DUI Charges Usually Begin

Most DUI cases start with a traffic stop. Police may pull us over because of speeding, swerving, or another traffic violation. From there, the officer begins looking for evidence of impairment. That process often involves a breath test, but it doesn’t always end there.

When officers believe we’re impaired, they’re trained to gather evidence through different methods. This includes not just breath testing but also physical observations, field sobriety tests, and in some cases, blood or urine testing. Each of these methods carries its own set of challenges, and all of them can be used in a criminal defense case.

The Limits of Breath Testing

Breath tests are widely used, but they aren’t perfect. Some limitations affect their reliability and even their availability. For example, not every driver is asked to take a breath test. And even when they are, the results can be questioned.

Some reasons breath tests may not be relied on include:

• Medical conditions: Issues like acid reflux, diabetes, or certain diets can affect readings.

• Improper calibration: If the machine isn’t maintained or calibrated properly, the results may be inaccurate.

• Officer training errors: A test that isn’t administered correctly can’t be trusted in court.

• Refusal to submit: Drivers have the right to refuse a breath test, though refusal usually carries consequences.

These challenges show why a DUI charge doesn’t necessarily depend on breath test results. Law enforcement can, and often does, look to other evidence when making an arrest.

Other Evidence Officers Rely On

When we ask ourselves whether we can be charged with a DUI without failing a breath test, the answer lies in the other tools officers use. Even without a machine reading, they may rely on their observations and other forms of testing.

Evidence police officers may use includes:

• Driving behavior: Swerving, drifting between lanes, or sudden braking may be cited as signs of impairment.

• Physical appearance: Red eyes, slurred speech, or the smell of alcohol can be used as evidence.

• Field sobriety tests: Standing on one leg, walking in a straight line, or following a light with the eyes can all be used to show impairment.

• Statements: What we say to the officer, even casually, can end up being included in the evidence.

• Blood or urine tests: These can be ordered if breath tests aren’t used or if officers believe drugs are involved.

Each of these factors can contribute to a DUI charge, even if no breath test results are available. This is why criminal defense in DUI cases must focus on all the evidence, not just the breath test.

Refusing a Breath Test

Refusing a breath test may seem like a good idea if we’re worried about the results, but it often comes with consequences. In many states, refusal can trigger an automatic license suspension under implied consent laws. That means by holding a driver’s license, we’ve already agreed to testing if pulled over for suspected DUI.

However, even with a refusal, a DUI charge may still move forward. Officers can rely on other evidence, and prosecutors can argue that the refusal itself shows consciousness of guilt. For this reason, refusal doesn’t shield us from a DUI—it only shifts how the case is built.

Field Sobriety Tests and Officer Observations

Field sobriety tests are among the most common tools used when no breath test results are available. Officers may use them to build a case, but they’re not as scientific as blood or breath testing. Many factors can affect performance, including weather, road conditions, footwear, age, and even nervousness.

Officer observations are also subjective. Smelling alcohol doesn’t prove impairment, and red eyes could just as easily come from allergies or fatigue. Still, these observations can become central pieces of evidence in a DUI case. That’s why we must recognize the importance of challenging subjective claims in criminal defense.

Common Myths About DUI Charges

There are several misconceptions we should clear up when it comes to DUI cases. Believing in these myths can put us at risk of misunderstanding our rights.

Some common DUI myths include:

• We can’t be charged without a failed breath test: As we’ve seen, that’s not true.

• Refusing a test means no case: Refusal can actually make the case more challenging.

• Field sobriety tests must be accurate: These tests are subjective and influenced by many factors.

• Only alcohol matters in DUI cases: Drugs, even legal prescriptions, can result in charges.

By understanding these misconceptions, we can better prepare for the challenges that come with DUI charges.

How Criminal Defense Plays a Role

When charged with DUI, no matter the evidence used, a criminal defense becomes critical. A strong defense doesn’t just challenge the breath test—it questions every piece of evidence, from officer observations to the way samples were collected.

Strategies that may be used in DUI defense include:

• Challenging traffic stops: If the stop wasn’t lawful, evidence collected may not be admissible.

• Questioning field sobriety tests: Highlighting outside factors that may have affected performance.

• Attacking test accuracy: Showing calibration issues, improper collection, or chain of custody errors.

• Protecting constitutional rights: Making sure no rights were violated during arrest or questioning.

By focusing on these areas, we create opportunities to weaken the case against us and protect our future. Criminal defense isn’t about one piece of evidence—it’s about the entire process.

Why Legal Representation Matters

Facing DUI charges on our own is risky. Prosecutors often pursue these cases aggressively, and the penalties can be severe, ranging from license suspension to jail time. Having professional legal representation makes sure our side of the story is heard and the evidence is tested fairly.

At Marvel & Emche, P.A., we focus on protecting the rights of individuals facing DUI charges and other criminal matters. We understand the stress these cases bring, and we work to provide clear, steady guidance at every stage.

Contact an Experienced Criminal Defense Lawyer Today

Being charged with DUI without failing a breath test is possible, and it happens more often than many of us realize. That’s why it’s so important to have the right legal support when the stakes are this high.

Located in Salisbury, Maryland, and serving clients throughout the Salisbury area, including Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City, Marvel & Emche, P.A. is here to help. If we’re facing DUI charges or any other criminal defense matter, we shouldn’t wait to protect our rights—contact us today.