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Tampa Criminal Lawyer > FAQ Videos > I actually passed the breath test, but the police still arrested me. How is that possible?

I actually passed the breath test, but the police still arrested me. How is that possible?

If you take a breath test and you blow under the legal limit, or in some cases blow zero, the police may still believe that you were driving under the influence of drugs, so passing the breath test does not necessarily mean you won’t be charged with DUI. Additionally, blowing under the legal limit of 0.08, you could still be prosecuted for DUI. If you blow between 0.05 and 0.08, that could be considered evidence of impairment, but it doesn’t give rise to a presumption of impairment. Even if you blow below 0.05, you could still be prosecuted for DUI if the State believes they can prove your normal faculties were impaired.

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