Q: If I was pulled over for swerving lanes but my breathalyzer results were under the legal limit, can I still be arrested
for a DUI?
A: Yes, but at that time it is an officer discretion situation. If the officer smells alcohol on your breath, probably this will kick in the field sobriety tests. It will depend on how you perform on those, also what you blow score is on the PBT. If it is, say .07, you are almost DUI level. An officer can arrest you on DWI the lesser charge in MD, on a lower blow than .08 and depending on the other results of tests and observations. Also the officer may treat this as a possible drug impairment case depending on what other factors are there.
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