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Bucher Law Group, LLC

DUI Arrest Even When Blowing Under the Legal Limit

 Posted on August 29, 2023 in DUI/OWI

WI DUI lawyerBeing 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. 

Defense Strategies for this Situation

Many DUI defense strategies involve trying to prove the breathalyzer was wrong in its reading. However, considering the individual in this situation never failed the breathalyzer test, their defense strategy will likely revolve around challenging the legality of the traffic stop or arguing that their behavior and physical appearance at the traffic stop were due to fatigue or other factors unrelated to alcohol. Another defense strategy may involve presenting evidence showing you have a medical condition that may make passing a field sobriety test more difficult, explaining why you failed. 

Contact a Walworth County DUI Lawyer

If you were arrested for DUI without blowing over the legal limit; you likely are perplexed as to how and why you were arrested in the first place. You may also wonder if your legal rights have been violated. Contact the qualified Milwaukee County DUI attorney with Bucher Law Group, LLC for legal assistance. Call 262-303-4916 for a free consultation. 


Source - https://wisconsindot.gov/Pages/safety/education/drunk-drv/ddlaw.aspx#:~:text=%E2%80%8BIt%20is%20illegal%20in,his%20or%20her%20blood%3B%20or


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