No Breathalyzer Needed For DUI Conviction

By Amy E. Feldman

PHILADELPHIA (CBS) - Many people who are pulled over for suspicion of driving while intoxicated mistakenly believe that if they don't take a breathalyzer test they can't be convicted.

After Brooklyn police pulled over a man for aggressive driving, they had reason to believe that he was, in fact, drunk. But when they tried to administer a sobriety test, he refused. But just because you refuse to take a field sobriety, breathalyzer, or blood test you can still be charged with - and convicted of - drunk driving. Which is surprising to many people but should not have been to this suspect because he is a Judge.

I know, no shortage of idiots.

But, don't you make the same mistake: while state laws differ, virtually every state has an implied consent law, which states that any person who operates a motor vehicle on any public road is deemed to have given his consent to the taking of his breath for the purposes of determining the content of alcohol in his blood. If you refuse, not only do you face automatic suspension of your license under the implied consent law, the police officer can testify to your slurred speech and erratic driving to show you were drunk even without the test.

In this holiday cocktail party season, the best way to avoid a penalty is, of course, not to call a lawyer or face a judge (or be a judge facing a judge) but to call a cab.