Though there are exceptions for both commercial drivers and underage drivers, most are required to adhere to a legal limit of a blood alcohol concentration of 0.08%. If they fail a breath test, it means they are at or above this level, and they could be arrested for drunk driving. If they pass the test, that means that they are still under the legal limit.
People often assume that the test is all that matters. If they fail it, they’re going to be arrested immediately. If they pass, the officer is going to let them go home. But it’s not nearly that simple, and you can certainly get arrested, even if you pass the test.
Why is this?
The thing to remember is that the police are looking for impaired drivers. It is impairment behind the wheel that is illegal. A breath test can be used as evidence of impairment, but it’s not the only type of evidence the police have.
For instance, maybe the officer says that your eyes are bloodshot, you’re slurring your speech, and you just ran a stop sign. They can smell alcohol on your breath, and maybe you failed a field sobriety test. That officer could still arrest you based on all of the other evidence, even if the BAC reading was 0.07%.
Your defense options
That said, passing the breath test does change the case. When you fail the test, the court will presume impairment. If you pass the test, they have to examine other evidence – video footage, witness statements, field tests, etc. So it’s still important to know what legal defense options you have and what steps to take after an arrest.