I refused the blood test? How can I be charged with a DUI?
Charged with DUI in Pennsylvania Without Blood Test Results? Here’s What You Need to Know
Many DUI charges in Centre County and across Pennsylvania are based on blood or breath test results showing a driver’s alcohol concentration or the presence of controlled substances. But what happens when a DUI suspect refuses a blood test or no scientific evidence is available?
In those cases, Pennsylvania law still allows police to file DUI charges based on evidence that the person:
✅ Consumed alcohol or drugs
✅ Was rendered incapable of driving safely as a result
This type of DUI, often called an “impairment-based DUI,” is supported by officer observations and circumstantial evidence, rather than scientific blood or breath test results.
Two Key Elements of an Impairment-Based DUI Charge
To convict someone of DUI without scientific test results, the prosecution must prove:
Impairment or Intoxication
The driver was unable to operate the vehicle safely
How Do Police Prove Impairment or Intoxication Without a Blood Test?
In the absence of direct forensic evidence, prosecutors rely on circumstantial evidence, which often includes:
Slurred speech
Red, bloodshot eyes
Difficulty standing or walking
Swaying while standing
Trouble locating requested documents
Difficulty exiting the vehicle
Incoherent or inconsistent answers to questions
In drug-related DUI cases, officers may also testify to:
Visible drug paraphernalia in the vehicle
The suspect’s admission to recent drug use
Additional physical indicators such as dilated pupils or drowsiness
Ultimately, it is up to the judge or jury at trial to decide whether this evidence proves the driver was under the influence of alcohol or drugs.
How Do Police Prove a Driver Was Unable to Operate a Vehicle Safely?
To satisfy this requirement, officers often present evidence of poor driving behavior, such as:
Weaving between lanes or crossing lane lines
Swerving or erratic movements
Involvement in a crash
Traffic violations (e.g., driving significantly below the speed limit, failing to use turn signals)
If the driver performed field sobriety tests, the officer’s observations of poor performance may also be admitted as evidence that the driver was incapable of driving safely.
Facing DUI Charges in Pennsylvania? Get an Experienced Defense Attorney
If you’ve been charged with DUI in Centre County, especially if the case relies on officer observations rather than scientific testing, it’s critical to have an experienced DUI defense lawyer review your case. There are often legal challenges available regarding:
The validity of the traffic stop
The reliability of officer observations
The sufficiency of the prosecution’s evidence
Contact JD Law Today for a Free Case Review
Attorney Jason S. Dunkle has been successfully defending DUI cases in State College and across Pennsylvania since 2004.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.