If you’re stopped by the police for a potential DUI, then you’re likely to be asked to give a breath sample. Through a Breathalyzer test, the officer can see if your blood alcohol concentration is above .08%, which is the legal limit. Even if it is not over that limit, there is a potential that the officer may still arrest you if you cannot complete field sobriety tests.
Impairment can happen at any level of intoxication, so you can get a DUI even if you blow well below .08%.
For example, if you’re driving in an unusual manner, a police officer may pull you over for weaving or going off the side of the road. If your BAC comes back at .06%, the officer may have you perform field sobriety tests to see your balance and focus. They may also retest your breath a while later. If it hasn’t changed or if the percentage has climbed, you may end up being arrested.
You deserve an opportunity to defend yourself
Noticeable impairment can quickly lead to you facing charges. However, there are other causes of impairment like drowsiness or symptoms of medical conditions, which should be explored. Even something as simple as a head cold or fatigue can cause you to have red eyes, slurred speech and balance issues — and that could look like subjective signs that you’re under the influence of something and too impaired to drive.
Your attorney will help you defend yourself if you’re accused of a DUI. Regardless of the results of the breath test, it’s essential that you get the opportunity to defend yourself against these allegations.