When you are pulled over and the police officer thinks you are intoxicated, you might be asked to take a breath test. This might be the case if the officer saw you drive in a manner that makes him or her think that you were impaired or if you reek of alcohol when you are pulled over.
If you are asked to take a breath test and know you will pass, you might be in for a surprise. You might still face criminal charges if you pass the breath test. Conversely, even if you fail the breath test, there isn’t a guarantee that you will face criminal charges.
The breath test isn’t the only factor in a drunk driving case. Police officers who have a strong case for drunk driving based on your behavior or on other factors like a field sobriety test can still opt to arrest you.
Even results lower than .08 percent on a blood alcohol concentration test can result in drunk driving charges. In some cases, a BAC of only .02 percent can result in charges. This is the case for people who haven’t reached legal drinking age and those who are driving commercial vehicles with a commercial driver’s license.
A drunk driving arrest, no matter what the circumstances, is something that demands urgent attention. You have the option of refusing a breath test, but you must remember that this comes with consequences. Overall, you must carefully consider your options for each decision you make during the drunk driving stop, arrest and defense. Your choices can have a profound impact on the course of your case.
Source: FindLaw, “Passed a Breathalyzer Test? It Won’t Always Get You Out of a DUI,” accessed March 24, 2017