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

Whitney S. Boan Protecting Your Right

Video Transcript

Usually, you’re not even going to be asked to take a breath test until you’ve already been arrested for the offense of DUI. That’s the standard way it happens, because any use of the breath test following your arrest would be implied consent law that would require that you were lawfully arrested before you were ever even asked to submit to the breath test.

However, when you’re arrested for DUI, it’s largely an officer’s subjective determination; so even if you’ve been asked to submit to a breath test after you were actually arrested, and you pass it, you were already under arrest and you will remain under arrest and potentially even have to fight those charges in a court of law, even if you believe you passed the test because you blew below a .08. You should speak with a lawyer and see what, if any, defenses you have based upon how you blew on the breathalyzer machine.