A person can get a DUI without drinking alcohol. The DUI law is actually Driving Under the Influence of Alcohol or Drugs, or Prescription Drugs, or even Street Drugs.
So, you do have situations sometimes where someone appears, visibly, to be intoxicated. Where the person cannot stand up or can’t speak clearly; they look drunk. But they take a breath test and they come back what we call “double zero.” In other words, there’s absolutely no alcohol in their system. And those people, then, are offered a drug test, usually in the form of a urine test, or they refuse it.
So, you can have a situation where there’s no drug test, no alcohol, but the person is still charged with Driving Under the Influence.
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