No. B.A.C. At all..... No blood draw or anything. I am on medication for anxiety. Side effects are slurred speech/ poor balance

It is as much evidence as they often have for refusals. It is the testimony of the officer stating how you had poor balance, bloodshot and watery eyes, failed to perform the roadsides as a sober person would, and a number of other things they say in each and every DUI case. The law also allows them to use your refusal to take a blood or breath test against you. However, these types of cases are winnable. You need an experienced DUI attorney who can take apart the police officer's ability to do the roadsides and has experience with these types of cases. If you were at work and sober, while it is still fresh in your mind, write down all the names of the people you worked with so your attorney can talk to them and potentially call them as witnesses. If they knew you were on medication for depression and anxiety, they might very well have charged you with a DUI because of those medications. You need to get an attorney and get one as soon as you can reasonably can. This amount of evidence is used in courtrooms across the state every day and it absolutely can lead to conviction and often does. There are no guarantees even with a very good DUI attorney, but you certainly have a better chance in that situation. Good luck and go get an attorney.

My colleague is absolutely correct. You need an attorney - whether you hire one or apply for a Public Defender. You did a lot of things correctly to make the case against you difficult for the DA to prove. First, you said that you did not know why you were being pulled over. Second, you did not say to the officer how much, if anything, you had to drink. Next, you did the roadsides - which I tell most clients to refuse (because they are virtually improper to do successfully). Watery eyes, poor balance, and slurred speech can be explained away. You did a great job refusing a chemical test. Additionally, the medication for depression and anxiety may have caused the slurred speech, the poor balance, and the watery eyes. However, you need an attorney as possible to represent you.

My colleagues have both answered this question very well. The only thing I will add is that you need to request a hearing with the DMV within 7 days of the date of your alleged offense in order to protect all of your rights. You are facing a one year revocation of your driving privileges. Please contact a lawyer quickly. Best of luck to you. John Buckley

Lucky for you, the previous three attorneys who have answered your question are three of the best criminal defense attorneys around. The best advice I can give you is to call one or all of them for a consultation and hire the one you feel the most comfortable with.

Did you tell the officer about the medication? Unfortunately, if the officer claims to have smelled alcohol, and he claims you had the symptoms you described, you could need some great lawyering to avoid conviction. By refusing the breath test, there is no evidence that you didn't simply have too much to drink. Get a highly skilled lawyer to look at your case and go to bat for you. Good luck.