I Actually Passed the Breath Test, but the Police Still Arrested Me, How is that Possible?
Question: I Actually Passed the Breath Test, but the Police Still Arrested Me, How is that Possible?
You have to understand that a DUI is predicated upon whether the officer felt that he had enough probable cause to arrest you. Thereafter, when you’re brought to the station or to the jail to submit to a breath test and if you do submit to a breath test, even though you blow under that legal limit, .08 in Florida, you can still be prosecuted and not be unarrested at that point. The impairment can be proven by two ways, either impaired normal faculties or a breath reading over .08. Some people are impaired by some other substance other than alcohol. Sometimes it’s medication, sometimes it’s illegal or illicit drugs, so it’s not just that you can be unarrested or not charged simply because you blow a triple zero.