{"id":286647,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/arrests\/passed-a-breathalyzer-test-it-wont-always-get-you-out-of-a-dui.html"},"modified":"2025-07-21T09:29:59","modified_gmt":"2025-07-21T14:29:59","slug":"passed-a-breathalyzer-test-it-wont-always-get-you-out-of-a-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/arrests\/passed-a-breathalyzer-test-it-wont-always-get-you-out-of-a-dui.html","title":{"rendered":"Can You Still Be Charged With a DUI If You Pass the Breathalyzer?"},"content":{"rendered":"\n
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Can You Still Be Charged With a DUI If You Pass the Breathalyzer?<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you can still be charged with a DUI<\/span> even if you pass the breathalyzer test<\/span>. A DUI<\/span> charge<\/span> is a criminal accusation of driving under the <\/span>influence<\/span> of alcohol<\/span> or drugs, which can be based on impairment<\/span> evidence beyond just blood alcohol content<\/span> levels. Police officers<\/span> can use field sobriety tests<\/span>, driving patterns, physical observations, and witness statements to support DUI<\/span> charges<\/span> regardless of breathalyzer results<\/span>.<\/p>\n\n <\/div>\n\n\n\n

If you are pulled over on suspicion of drunk driving, the results of a Breathalyzer test are just one form of evidence that officers can use. They may find enough reason to arrest you for driving under the influence (DUI).<\/p>\n

Passing the test does not guarantee that you won\u2019t get charged with DUI. In fact, many drivers are surprised to learn that a passing Breathalyzer result doesn’t automatically clear them of DUI charges. Similarly, failing a breath analysis test doesn\u2019t guarantee a DUI charge will result in a conviction.<\/p>\n

This article discusses the role\u00a0blood alcohol content (BAC) tests<\/a>\u00a0play in a DUI case, particularly the Breathalyzer test. If you’re facing DUI charges, consider speaking with a DUI defense attorney<\/a> about your case. They can examine the state’s evidence against you and help you build the best defense possible.<\/p>\n

Why You Can Still Face DUI Charges After Passing a Breathalyzer<\/h2>\n

Even with a BAC reading below 0.08%, prosecutors can still pursue DUI charges if they believe you were driving under the influence. This is because DUI laws typically include two distinct offenses:<\/p>\n