Shelbyville, TN asked in Criminal Law, Federal Crimes and DUI / DWI for Tennessee

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

He drug me out of the car and asked me to do a field sobriety test in which I passed with flying colors, and as soon as we got done, he arrested me and puts me in the back of cop car, and then takes me to get my blood drawn from hospital, but I wasn't intoxicated, I just had an open container

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

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.

James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

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.

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