When a law enforcement officer pulls you over on suspicion of driving under the influence (DUI) of drugs or alcohol, one of the first things they will ask of you is to submit to a breathalyzer test. You must submit to this test even if you are afraid to fail it, as New Jersey’s implied consent law holds that you agree to participate in such chemical tests whenever asked of you by a law enforcement officer when you got your state driver’s license. But even if you take it and pass it, you may not necessarily be out of the woods yet, so to speak. With that said, please read on to discover whether you can get arrested even if you pass your breathalyzer test and how a seasoned Morristown DUI defense lawyer at Graves Andrews, LLC, can help you understand the proper legal procedures during your traffic stop.
How do I pass a breathalyzer test?
Essentially, a law enforcement officer will present you with a hand-held breathalyzer device and ask you to place your mouth on the disposable mouthpiece. Then, they will direct you to blow into it for a specific amount of time. This time may be indicated by either the officer or the device itself. You must blow evenly and continuously into the device for an accurate measurement. If successful on the first try, the device will display your blood-alcohol content (BAC) level. Now, the legal limit for a BAC level is 0.08 percent. So if yours is detected to be below this, you may have successfully passed your breathalyzer test.
Can I get arrested even if I pass a breathalyzer test?
Your breathalyzer test results may serve as definitive evidence that you are below the legal limit for a BAC level. However, this is not the only source of proof a law enforcement officer may consider during your traffic stop. This is to say that, even if you pass your breathalyzer test, an officer may be well within their legal right to arrest you under probable cause of your impairment.
Importantly, you may still be significantly impaired by drugs or alcohol even with a low BAC level. For example, before an officer pulled you over, you may have been driving erratically. That is, failing to maintain your lane, accelerating and slamming the brakes without warning or explanation, running through stop signs and traffic lights, etc. Or, during your traffic stop, an officer may notice that your eyes are bloodshot, your speech is slurred, your attention is lacking, and more.
Last but not least, an officer may use their judgment to conclude that you have failed their instructed field sobriety tests. This may be if you cannot follow a moving object with your gaze, you cannot walk in a straight line heel-to-toe, or you cannot keep your balance when standing on one foot. Nonetheless, if you are ready to make matters right, please retain the services of a competent Morristown criminal defense lawyer as soon as you can. We at Graves Andrews, LLC, look forward to receiving your outreach.