You may still face DUI charges if you pass a breathalyzer test

If you get pulled over for drunk driving, you should be very mindful of your behavior. Even in instances where you can demonstrate that your blood alcohol level does not exceed the legal limit, a police officer may still charge you with being "under the influence."

"Under the influence" does not necessarily mean that you are over the legal limit. Rather, it implies that the officer has the discretion to charge you if he or she has reason to believe it unsafe for you to operate a vehicle in your current state, even if you pass a breathalyzer or other chemical blood alcohol content test.

In this instance, you may be legally sober, but the officer believes that you are not practically sober. The officer may also believe that you are operating under the influence of a controlled substance. Be mindful that even if you can pass a chemical sobriety test, if you cannot prove that you are in reasonable control of your reflexes, you may still be arrested.

The key to these kinds of charges lies in demonstrating your impairment, or lack thereof. If you are driving erratically and get pulled over, for instance, you get a DUI charge primarily based on your behavior. In some cases, simply driving while very sleepy may prove enough to justify some sort of charge.

If you do find yourself facing DUI charges of any kind, be sure to speak with an attorney to protect your rights. An attorney can help you examine the details of your arrest and look for the defenses you have available.

Source: Findlaw, "Georgia DUI Laws," accessed Nov. 24, 2017

No Comments

Leave a comment
Comment Information

Legal Representation In Cumming, Georgia


Protect Your Rights

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

285 Elm Street
Suite 302
Cumming, GA 30040

Phone: 678-807-6511
Fax: 678-513-1818
Cumming Law Office Map

Our Legal Strength Can Protect You. Call 678-807-6511 Today.