How can I be charged with a DUI if I passed my Breathalyzer?

Why was I charged with a DUI/OWI if I passed my Breathalyzer?

Answer: While law enforcement officials have come to rely on breathalyzer results as evidence in DUI cases, that does not mean it is the only evidence they use to charge someone with driving while impaired. It is important to note that that impairment may be due to either alcohol or drugs.

Some of the most common forms of evidence upon which they generally rely to make this charge include:

  • Evidence of driving erratically – the officer’s observations can be sufficient grounds to arrest someone on DUI charges
  • If the officer had other probable cause to stop a driver, such as a traffic infraction, they may observe evidence of intoxication in the driver at the traffic stop
  • Obvious evidence of substance abuse in the car, such as open containers of alcohol or drug paraphernalia provide probable cause for the officer to search the vehicle and confiscate the evidence as proof of DUI
  • If there is probable cause, they may require that the suspect take a blood test at the police station, which may show evidence of DUI

If you have been charged with DUI even though your breathalyzer test results were below the legal limit, you should contact a DUI attorney to help prepare an effective defense. While the officer’s observations are considered evidence, there are ways to challenge that evidence and create reasonable doubt in court, possibly leading to a dismissal of all charges.


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