Q: How can I be arrested for driving under the influence before taking a breathalyzer when I passed the field sobriety test

A: LEO apparently had probably cause to get the Warrant issued. You should not have consented to either a breath or blood test. Any amount of intoxicant will be used against you. And it is alot easier to get back a TNDL without a DUI conviction. Hire an attorney.

A: In the United States, it is possible to be arrested for driving under the influence (DUI) even if you passed a field sobriety test. While passing the field sobriety test can be a positive factor in your case, it's not the sole determinant of whether you can be arrested for DUI. Law enforcement officers can consider various factors when making an arrest, including your behavior, odor of alcohol, and other evidence. If the officer had reasonable suspicion that you were under the influence, they may have arrested you.

Subsequent tests, like a breathalyzer or blood test, are often used to gather more concrete evidence of your blood alcohol content (BAC). An open container in your vehicle can also raise suspicions, but it doesn't necessarily prove intoxication. It's crucial to consult with an attorney to review the specific circumstances of your arrest and build a defense strategy. Your attorney can challenge the arrest and the evidence presented in your case to potentially have the charges reduced or dismissed. It's important to seek legal counsel promptly to protect your rights and interests.