I received a first offence OWI and have a clean record. I wanted to know without a chemical test evidence, can I be convicted?

You need to speak with a good local DUI Defense Lawyer. NCDD will be a good place to start. Pat Barone is one of the best in MI, if he's near to your location, call him, but be careful what you say in Court or to the Prosecutor without a lawyer. A little bit of knowledge can get you into a full blown prosecution and a good DUI lawyer can get you out of it quicker than your new found knowledge. It’s great that you got the information, just go over it with your lawyer and he will be able to use it, if at all, to your advantage. I have never met a DUI trial lawyer that was afraid to go to trial, most love jury trials, it's the Client that get cold feet and takes the last offer by the DA and there is ALWAYS a last offer. With a PBT of .12, the DA will convince that you were DUI, no matter what the problem is with the machine. Good Luck

I agree with the out of state attorney's who have answered your question with regard to your need to consult with an experienced attorney handling OWI cases. The issues you've raised are highly complex. If you would like to discuss your case in more detail, please feel free to call me (248) 263-6800. If I knew what judge you have and what jurisdiction was handling your case, I would be able to give you some additional advice.

I would not be so confident the refusal will just be dismissed. While you make valid arguments (similar to the types of arguments I make for dismissals!), you may be in a jurisdiction that routinely turns deaf ears to such matters. Also, it depends on the law in MI related to refusals. In some states, an invalid sample may be deemed a refusal. Moreover, in some states (like WI), the arguments you make may only go to the weight and not the admissibility of the evidence. Or, you may only be entitled to the loss of statutory presumptions against you only. Additionally, refusal hearings can be extremely difficult to win and are generally limited to only a few issues. If you lose a refusal hearing, in some states (like WI), the refusal can then be used against you in the DUI case as consciousness of guilt. Also, you can be convicted of a DUI without a chemical test. The likelihood of whether you will be convicted for DUI depends on your driving at the time of the arrest, your performance on the field sobriety tests, and a number of other factors. I strongly urge you to consult with a local, experienced DUI attorney. You can find such an attorney through the National College of DUI Defense: www.ncdd.com. Most initial consutlations are free. So, you have nothing to lose. Good luck!