I was driving perfectly fine but got pulled over for a broken light. The cop decided to give me a breathalyzer and found my blood alcohol level was higher than legal. I got charged with DUI. Can I get charged with this even though I didn’t drive bad?
Can I face criminal charges for drunk driving even if I wasn’t driving badly?
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Answer: (1)
Most likely, you can be charged with drunk driving if your blood alcohol content was higher than the legal limit. In most states, your driving does not impact your guilt or innocence in a DUI case. The sole factor that determines whether you are guilty is your blood alcohol level.
You may have a potential defense if you did not appear drunk and you do not feel the officer had legitimate grounds for giving you a breathalyzer. However, since the police officer had a right to pull you over due to the broken light, the police officer may have also had the right to perform the breathalyzer if he had reason to suspect you were driving under the influence. You should consult with a criminal law attorney to determine your specific options regarding this matter.
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Posted by Eric Chan on 21 Jan 2010