I actually passed the breath test, but the police still arrested me. How is that possible?

It’s very possible to be arrested, taken to jail, and charged with DUI, even if you passed the breath test, because what the police will say was, “Well, he was obviously using drugs or too many pills or something, and they were falling down when I saw the person or they had slurred speech, bloodshot eyes.” They have a litany of things that they rattle off, most of which don’t mean anything. For example, we’ve had cases where people who have been in accidents and have injuries, for example, from the steering wheel right across their head, and the police say, “Well, gee, they were unsteady on their feet”. Well, of course they were, they were just in an accident. There are plenty of people that I know and that you know that have bloodshot eyes all the time, or speak in a way that somebody might think it’s slurred speech, when it is not. So an experienced criminal defense lawyer can represent you well and properly and very often get DUI charges dismissed when the police don’t have a sufficient or a proper basis for charging you.

By Jeffrey S. Weiner, P.A.