Can I receive a DUI even if I pass the sobriety tests? Posted on October 29, 2010

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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