If you were arrested for DUI, you may have submitted to a breath test, and you may have actually passed. Yet, you find yourself sitting in the back of a police car, wondering what you did wrong that led you to be arrested for drunk driving anyway.
When it comes to breath tests, it is important to know your rights. Police officers can arrest a driver even if the breath test did not result in a BAC reading over 0.08 percent. However, not many people understand why this is allowed to occur.
Many officers arrest motorists on suspicion of DUI alone and several states allow drivers to be charged with DUI even if they were not over the legal limit of intoxication. Implied intoxication can sometimes be enough to get a driver arrested for DUI.
It is important for those arrested for driving under the influence to know that breath tests are just estimates, they are not accurate readings. Breathalyzer devices can malfunction, leading to inaccurate results that may skew your chances in court.
Breath tests also make assumptions that just because a motorist is driving with a BAC over 0.08 percent, that they are impaired. Everyone’s tolerance level varies, which is why it is imperative that motorists arrested for DUI seek legal counsel.