If I was pulled over and changed with a DUI, why did they take me to jail if I passed the breath test?

UPDATED: Jun 18, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 18, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I was pulled over and changed with a DUI, why did they take me to jail if I passed the breath test?

I blew a zero on the breath test but they still took me to jail. I allied them to do a blood test too. Do I have any grounds to fight this in a court hearing?

Asked on June 18, 2014 under Criminal Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A breathalyzer is but one of the tests that the police use to determine if some one is impaired while driving.  Blood tests, field sobriety tests and often the officer's assessment of the condition of the driver are used. I would speak with an attorney about the testing done and the evidence.  You may have a good chance. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption