When you were stopped by a police officer, you assumed it was for speeding. Moments later, though, he asked if you’d been drinking. You said you hadn’t, but the officer asked for a breath sample anyway.
When the test came back with a blood alcohol concentration (BAC) of .05%, you were shocked. You didn’t drink anything before getting into your vehicle. The officer questioned you some more and asked you to take field sobriety tests. Once those were done, he decided to arrest you based on the alleged evidence he’d collected.
Was this stop fair? Were your test results accurate? What do you do now? You probably are asking yourself these questions and others. To start with, think about the stop. Your attorney will look into the officer’s reason for stopping you. If he did not have a reasonable cause to stop you, then the stop may not have been legal.
Next, your attorney will look at your DUI test results. Your Breathalyzer test is unusual if you haven’t been drinking, because false positives are rare. However, alcohol-based mouthwash, certain medical conditions and the foods you eat can have an impact on the test. Additionally, the test may not have been calibrated correctly or the officer may have given it to you incorrectly. You should have been given at least two breath tests.
Your attorney is going to be there to support you as you fight the DUI charges. There may be issues with how the traffic stop was performed or other factors involved in your case. If so, it could be possible to have the charges lower or dropped completely.