Fighting An Arrest After You Passed The Breathalyzer Test
Getting pulled over is nerve-wracking! No one is truly prepared for a traffic stop, no matter how much they “plan” for it or have been pulled over in the past. Most people tend to show a heightened level of nervousness when pulled over. This nervousness can look “suspicious” to the officer that pulled you over. And while they only pulled you over for an expired tag or a broken tail light, now they are watching you a little more than usual. They may even ask you a few questions like “have you been drinking?” or “have you taken anything tonight?” Some officers will even ask you to take a breathalyzer. So, why did you get arrested for DUI when you passed the breathalyzer test?
Reasons For A DUI Arrest
First off, a breathalyzer is just one of MANY tests that can be conducted to determine if a person is under the influence. Of course, passing a breathalyzer is good! But, a breathalyzer only checks for your blood alcohol content (BAC). Most people believe, incorrectly, that passing a breathalyzer test is a “get out of jail free” card.
Hint: it is not!
When they suspect you are under the influence, they can use other tests to determine your level of sobriety. Some of the tests include:
- HGN Test (Horizontal Gaze Nystagmus)
- Walk-And-Turn Test
- One-Leg Stand Test
- Counting Fingers
- Reciting The Alphabet
- Touching Nose With Finger
Some of these tests are standardized while others are non-standardized.
Things To Remember During Your Traffic Stop
- Do NOT admit guilt!
- Be polite and respectful.
- Be calm and steady.
- Let the officer know if you have ANY weapons in the car.
- Keep your hands visible at all times.
- You do not have to consent to a search of your vehicle.
Remember, the officer did not pull you over just to “harass” you. They saw something that made them suspicious/nervous and they initiated a traffic stop. The officers still want to go home and they want you to be able to go home too.
If You Were Arrested For DUI
So, if you were arrested for DUI, what are your rights? Well, that’s a lot of information to go over in this short article. But, you do have rights! The right lawyer can help you handle your DUI charge and help you navigate the complex legal system. If you have been arrested for a DUI, and you haven’t already spoken with a lawyer, give Tim Fleming a call today at Tim Fleming Law. Let’s see what we can do to help you!
