Brian’s Avvo answer to the question, “How can that hold up if there’s no evidence I was driving after drinking?”
Brian’s answer: It sounds like the officer is basing the arrest on circumstantial evidence – putting puzzle pieces together to make the argument that you must have been driving earlier, while under the influence. Law enforcement officers can arrest someone even if the officer didn’t actually witness the person driving. However, there may be several different ways to defend this case, but you need a lawyer to help you fight your way out of this. One word of caution: people often think that if there isn’t a whole lot of evidence, the case will just be dismissed. The reality is, that’s not how the system works. You need to fight in order to get the system to work for you.