Being arrested for DUI (Driving Under the Influence) can be a confusing and frustrating experience, especially if you blow under the legal limit in a roadside breathalyzer test. Today, we will explore the unique circumstances in which you can still be arrested for DUI, despite registering a blood alcohol concentration (BAC) below the legal limit of 0.08 percent. If this has happened to you, contact an aggressive criminal defense attorney to fight to have the charges against you dropped, allowing you to move on with your life.
Breathalyzer Accuracy and Field
While breathalyzer tests are commonly used to determine a driver’s BAC, they are not infallible. Factors such as calibration errors or improper administration can lead to inaccurate results. Law enforcement officers often rely on additional evidence, such as field sobriety tests, to assess a driver’s impairment level. If a driver exhibits signs of impairment, regardless of the breathalyzer result, they may still be subject to DUI arrest.
Observational Evidence of Impairment
Law enforcement officers are trained to observe and document signs of impairment during a traffic stop. These signs can include slurred speech, bloodshot eyes, the smell of alcohol, or erratic driving behavior. If a driver exhibits these signs, an officer may arrest them for DUI, even if the breathalyzer indicates a BAC below the legal limit. Even before the traffic stop takes place, if an officer observes an individual driving erratically, they may, on those grounds, choose to initiate the traffic stop. Once the traffic stop is underway, the officer will look further for any evidence of impairment.
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