Getting A Dui Seattle Without Failing A Breath Test

While most people know driving under the influence of drugs or alcohol is illegal

and that it takes a breath test result of .08 or higher to be arrested and charged with Seattle DUI. In reality, this isnt exactly true. The truth is people with a breath test result lower than .08 can still be arrested and charged with DUI if the officer at the scene decides youre driving while impaired.

There are other ways to receive a DUI charge other than through failing a breath test. This article looks at two of the other tests that can result in you being arrested and charged with driving under the influence.

Field Sobriety Tests

One of the first things that may happen after youre pulled over for suspicion of driving under the influence is the officer may want to give you a field sobriety test. Unfortunately, field sobriety tests measure your physical ability, which isnt the best way to determine whether someone is driving while impaired.

The major problem with field sobriety tests is that they are not scientifically based. Passing or failing is based entirely on the opinion of the officer. Numerous things can affect your ability to pass a field sobriety test, even when youre 100% sober, including the shoes youre wearing, the clothes youre wearing, the available light, the condition of the roadway, the surface youre on, the amount of traffic speeding past you, your nerves, physical limitations, health conditions, and much more.

For example, if youre pulled over on your way to a wedding while wearing a bridesmaid dress and high heels, you arent is likely to do well on the field sobriety test as if you were wearing jeans, a t-shirt, and sneakers. Under conditions such as traffic speeding past you at 65 miles per hour, rain, extreme heat, extreme cold, a poor surface, and health issues on top of wearing a bridesmaid dress and high heels can make it impossible for anyone to pass a field sobriety test.

Blood Alcohol Tests

Another test that can result in a DUI arrest and charge is a blood alcohol test. Youll only ever receive a blood alcohol test after youve been arrested and the arresting officer has taken you to the police station or to a clinic approved for administering blood alcohol tests. While these tests are the most accurate for determining level of intoxication, they can also be wrong. Different labs can even get different results from the same blood sample.

Luckily, all of these tests are voluntary. While you dont have to submit to any of them, youll probably be arrested if you refuse testing. However, this is usually in your best interest as taking these tests really only accomplishes giving an officer evidence to use against you.

If youre ever pulled over and arrested for driving under the influence, its important that you contact a Seattle DUI attorney immediately, especially if you submitted to any of these tests. By consulting with a good Seattle DUI lawyer, youll have someone on your side who can refute the findings of these tests and work to protect you.

by: Garvey Law Offices

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