Driver Arrested After 0.0% Breath Test

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Driver Arrested After 0.0% Breath Test

In a bizarre incident in Austin, Texas in 2013, a driver was arrested for DWI (driving while intoxicated, the Texas equivalent of DUI) even after a breath test result of 0.0%.

The driver fought his DWI charge, but Austin police stood by their decision based on their "take-no-chances" policy. They cited the reason behind the arrest as the driver's performance on the one-leg-stand test, during which the driver allegedly "needed his arms for balance."

In that incident, the driver was pulled over for a routine traffic stop and was subsequently subjected to field sobriety tests and a breath test, which showed a result of 0.0%. One would assume such a breath test result would free a driver from an arrest, but he was still arrested for DWI.

The driver even submitted to a blood test that showed a negative result for alcohol. He was still arrested based off signs of intoxication, and Austin police suggested that marijuana could have been present in his system that did not show upon the blood test or breath test.

This case brings about an important issue relating to DUI, or driving under the influence of alcohol or drugs here in Orange County, California. It shows just how much of an influence law enforcement can have on making an arrest for suspected DUI even if a chemical test shows a negative result.

Such an arrest may still be made based off performance on field sobriety tests and observations made by the arresting officer, such as a driver's behavior, appearance and statements. Essentially, if it can happen to a driver in Texas, it can happen to a driver in California as well.

Challenging DUI Charges in Orange County, CA

The Texas 0.0% DWI arrest occurred far from Orange County, California but should still be viewed as an indicator of the unpredictability of these cases. Drivers should be aware of their rights if pulled over on suspicion of drunk driving, such as the right to politely refuse field sobriety testing, and also of the importance of involving an attorney as soon as possible.

When you take immediate action and involve a DUI defense attorney, even before formal charges or filed or before a breath test is administered, you have the considerable benefit of a legal professional who is there to protect your interests.

Law enforcement will be working to gather evidence that proves you are guilty of driving under the influence of alcohol and/or drugs. You need an advocate for your rights to help you avoid the serious consequences of a conviction: license suspension, DUI probation, fines, community service, DUI School, AA meetings, and imprisonment in county jail or state prison.

At the Law Offices of Virginia L. Landry, Inc., we offer experienced criminal defense counsel to drivers throughout the Orange County area who have been arrested for DUI. To learn more about our firm and our services, call today.

  • Board Certified Expert

    in DUI Defense

    Chosen as a “Top DUI Attorney” in Orange County & rated 10 out of 10 by Avvo.

    Meet Virginia L. Landry
  • Answers to All of

    Your Questions

    Visit our FAQ page to get answers to some of the most common questions.

    Read Common Questions
  • Get Help

    Immediately

    Don’t wait, time is of the essence. Contact us now for a free case evaluation.

    Get Started Today

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