It is possible to beat a DUI charge if you did not blow into a breathalyzer or provide a breath sample. However, it will depend on the specific circumstances of your case and the laws in your state. In some states, refusing to provide a breath sample can result in an automatic license suspension and may be considered evidence of guilt in court. Yet, in some states, like Massachusetts, a refusal is not a crime nor can it be used against you at trial. In other states, the prosecution may need to prove that you were under the influence of alcohol or drugs at the time of your arrest through other evidence, such as a field sobriety test or testimony from the arresting officer. It is important to consult with a criminal defense attorney who has experience handling DUI cases in your state to determine the best course of action for your defense.
