Can I receive a DUI even if I pass the sobriety tests? How? 14 Answers as of May 11, 2015

I got pulled over because my tail lights went out, and I didn't notice. I had had a few drinks that night, and I guess the cop smelled the alcohol on my breath because he made me do sobriety tests. I passed all of them, but he breathalyzed me anyway, and the result was 0.08. Now I am being charged with a DUI, but I don't feel like I was driving under the influence because I felt fine. Do I have a chance of beating these charges since I passed the sobriety tests? Was he allowed to breathalyze me in the first place when he pulled me over for something else, and I wasn't driving erratically?

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Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
They can always arrest - but you should fight this case - at least initially and call a qualified DUI lawyer.
Answer Applies to: Michigan
Replied: 5/11/2015
Law Office of Robert E McCall | Robert McCall
You always have a chance with a jury. Speak with a local attorney about your local prosecutor. Some will not go to trial with a BAC this low but will try and bluff you into a plea.
Answer Applies to: Florida
Replied: 5/11/2015
S. Joseph Schramm | Joseph Schramm
If your tail light actually was out, the officer had authority to stop you and, if he smelled alcohol on your breath he was in his right to conduct a field sobriety test and to administer a breathalyzer test. If you actually registered .08 you will probably cited and turned over for trial. If this is your first D.U.I. you might qualify for the Accelerated Rehabilitative Disposition (A.R.D.) program. Your trial would be held in abeyance pending completion of the program. After 10 years your arrest record would be expunged provided your operating privileges were not revoked as a habitual offender or you were not a commercial driver at the time of the violation. Even if you somehow are not accepted into the A.R.D. program you would not have to undergo a license suspension if this is your first offense.
Answer Applies to: Pennsylvania
Replied: 5/8/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
What was your grade on the field sobriety tests, since you passed them? There is no pass/fail. How you felt about being impaired carries little weight.
Answer Applies to: Georgia
Replied: 5/8/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Did the cop have a lawful reason to stop you? It seems that he did, since you might not know about a non-functional taillight on your own. Once the stop is lawful, the cop can proceed to keep his or her eyes open for any obvious sign of a violation. The smell of alcoholic beverages is certainly grounds for the officer to proceed to testing, including the little breathalyzer in the car. Consult an experienced OWI lawyer. He or she may have imaginative ideas which are not immediately apparent. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/8/2015
    Ty Wilson Law | Ty Wilson
    You may have some defenses, you need to speak with a Georgia DUI attorney who practices in the county where the charges are pending. If you had any alcohol they usually will try to charge you for less safe DUI, if you gave a breath test they have direct evidence that you were .08. Georgia lawmakers have determined .08 is the legal limit. That said you may have something to fight the facts are very specific and different in each case. Good luck.
    Answer Applies to: Georgia
    Replied: 5/8/2015
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You are charged with DWI if it is Texas and you need an experienced lawyer.? You are on the very bottom of the "bad" test result.? Your lawyer can evaluate your performance on the video and review the records to determine if there are any issues?regarding the machine (and many times there are.) Hire a lawyer ASAP as you only have 10 days in which to request a hearing on your license matter, and many lawyers use those hearings for discovery for the DWI case itself.
    Answer Applies to: Texas
    Replied: 5/8/2015
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Please contact an experienced DUI attorney asap. It is important to review the police report to see if you have a defense and there are time limits with regards to your license revocation.
    Answer Applies to: Minnesota
    Replied: 5/8/2015
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    First of all, how do you know you passed them all. That would only be in the police report. The chances of having them drop the charges are very slim.
    Answer Applies to: Connecticut
    Replied: 5/7/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    FYI nobody ever passes FSTs. They're designed for you to fail. But having said that, you are right near the borderline of the legal limit, so you stand a good chance of having the DUI dismissed or reduced. You should hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 5/7/2015
    Gates' Law, PLLC | Thomas E. Gates
    You did not pass the sobriety tests, you blew 0.08.
    Answer Applies to: Washington
    Replied: 5/7/2015
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    Yes, you could still get a DUI. However, if you passed the Standardized Field Sobriety Tests, then there might not be probable cause for an arrest and evidence might be suppressed. You would potentially win at trial then! Also, evidence might get suppressed if there wasn't reasonable suspicion to stop you in the first place.
    Answer Applies to: Kansas
    Replied: 5/7/2015
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    The cop was able to arrest you because 0.8 is legally intoxicated in the State of Florida. He can ask you to do a Breathalyzer test no matter why he stops you if he suspects you are under the influence. The smell of alcohol is enough. When you get a driver's license you impliedly consent to taking a Breathalyzer at any point in time when requested. Driving is a privilege not a legal right.
    Answer Applies to: Florida
    Replied: 5/7/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    It sounds like you and the officer have very different opinions of your case. You need an attorney to try this case.
    Answer Applies to: Illinois
    Replied: 5/7/2015
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