Arrested for a DUI Even With Breathalyzer Test Under the Limit
A traffic stop may lead to DUI traffic stop if the police think that you are under the influence of alcohol or other drugs. It could be from as little as one glass of wine which the police smell on your breath which ends up in having to do field sobriety tests or blowing into a breathalyzer. Even if you aren't impaired, the police officer probably won't give you the benefit of the doubt. However, if you blow a breathalyzer test below the legal limit, you can still be arrested for a DUI.
Many people think that the breathalyzer test is a determining factor of whether or not they'll get arrested for driving under the influence in Georgia. Blowing a 0.08% or higher blood alcohol content (BAC) will surely lead to a DUI arrest. But blowing under the limit does not necessarily mean you'll be let go. The police can arrest you for a DUI if you are driving under the influence of alcohol to any extent that it is less safe for you to drive.
A DUI with a BAC under the legal limit is prosecuted as a “DUI Less Safe.” The problem is that without and scientific basis for your alcohol level, a DUI less safe is based primarily on circumstantial and subjective evidence. A police officer can say you were swerving, and had slurred speech, but in many cases it is their word against yours. Even if you were swerving, or speeding, or rolling through stop sign, it may have nothing to do with the one or two drinks you had earlier in the evening. But the police and prosecutor may try and use your driving habits against you in claiming that it had to do with alcohol. Bad driving may be worth a ticket, but it shouldn't have to end up in a criminal conviction, loss of license, and thousands in extra car insurance costs.
Not only are chemical tests required for you to be arrested for a DUI, they are voluntary, and can be highly inaccurate. The other tests police rely on in order to arrest a driver for drunk driving are field sobriety tests. The standardized tests include the HGN eye test, walk and turn test, and one leg stand test. There are many reasons why you may “fail” these tests even if you're not impaired, including medical reasons, being tired, or have the police fail to properly instruct or observe the tests. But the police will use these results to try and show that you were drunk even if your chemical test shows you were okay to drive.
DUI Less Safe Defense in Atlanta
Before you decide to handle a DUI less safe on your own, or accept a plea deal, you need to know all the consequences that come with a DUI on your record. It won't go away with time, and you'll be paying the price for years to come through higher insurance premiums. You need to contact an Atlanta DUI lawyer to talk about your case. You may have a better chance than you realize to have all charges dismissed. If you or a loved one were arrested for driving under the influence in Atlanta, even if you have an under the limit blood alcohol level, call me anytime, and I will make sure you are treated fairly by the courts and make sure you keep your record clean.