Reader’s Question:

I blew a .06 BAC which means I passed the breath test during a DUI stop here in Washington, DC but the police officer still arrested me. How is that possible if I was still under the legal limit?

Zaira

Washington, DC

In Washington, DC, a police officer could still arrest and charge you if you blew a blood alcohol content (BAC) that is under the legal limit. It is the police officer’s discretion to do so and they could still argue that you were too impaired to drive.

I understand that this is highly annoying to you and to anyone who experiences the same thing but this is good news for your court case. For one thing, your driver’s license is not suspended since you neither refused nor failed the breath test. Many judges would dismiss or do a quick bench trial and find you not guilty. But some judges would be tough and make you jump through hoops to fight your DUI case and it would still be possible to be found guilty, so it depends. But getting a BAC below the legal limit are usually the DUI cases that are excellent cases to fight. This might be so frustrating that you would have to go through this, but all I can say is that a .06 BAC is so much better than a .08 BAC.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest