Does a breathalyzer test determine if I will get a DUI?

There are several ways a police officer can compile evidence to support a DUI conviction, and only one of them depends on a breathalyzer test. However, if an arresting officer does administer a breathalyzer test at a traffic stop and obtains a result of .08% or higher, they have what is known as a “per se” case for a DUI conviction that requires no other evidence and can be difficult to refute.

Other sources of evidence for a DUI conviction include:

• Observations by the arresting officer of erratic driving, including weaving down the road, changing lanes frequently, failing to stop for red lights, hesitating at green lights, and more

• Observations by the arresting officer of signs of intoxication such as slurred speech, unsteady movements, the smell of alcohol on their breath, and more

• Failing field sobriety tests such as walking a straight line, standing on one leg, and reciting the alphabet backwards

• Showing signs of intoxication in other chemical tests such as blood and urine tests

In fact, there may be instances in which someone passes a breathalyzer test but is still convicted of a DUI charge due to the preponderance of observational evidence from the arresting officer.

These observations by an arresting officer can sometimes be challenged with the proper evidence. However, it may take the investigative abilities and the courtroom skills of a DUI attorney to present it effectively.