Understanding DUI Arrests in Florida: Why Passing the Breath Test Doesn’t Always Mean You’re Off the Hook
If you've been arrested for DUI in Florida and passed the breathalyzer test, you might be wondering if that’s enough to avoid a conviction. After all, if your blood alcohol content (BAC) is below the legal limit of 0.08%, how can you still face DUI charges? This question is more common than you might think, and the answer might surprise you.
In Florida, the law doesn’t just focus on alcohol impairment. It also considers impairment caused by drugs, medications, or other substances, regardless of what the breath test shows. The issue here is not just your BAC—it’s whether your ability to operate a vehicle was impaired, which is broader than just a breathalyzer result.
Let me walk you through how this works, what Florida statutes say, and why you need a private criminal defense attorney to fight for your rights, especially if you've passed the breath test.
Florida Statutes on DUI Arrests
In Florida, DUI arrests are governed by Florida Statutes § 316.193. This statute covers not just the blood alcohol concentration (BAC) but also drug-related impairments. Here’s what the law says:
Florida Statutes § 316.193 - Driving Under the Influence
"A person is guilty of the offense of driving under the influence if the person is driving or in actual physical control of a vehicle within this state, and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in § 877.111, or any substance controlled under Chapter 893, when affected to the extent that the person’s normal faculties are impaired; or
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath.”
What Does This Mean?
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Impairment by alcohol or drugs: The statute clearly states that you can be arrested for DUI if your normal faculties are impaired, even if your BAC is below the legal limit. This means drugged driving is just as serious as drunk driving.
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Drug impairment: The law doesn’t just focus on alcohol. It applies to any drug or controlled substance that impairs your ability to drive. This includes prescription medications, over-the-counter drugs, and illegal substances. Even if your breath test shows no alcohol, you can still be charged with DUI if your driving ability was affected by drugs.
Why Can You Be Arrested Even If You Pass the Breath Test?
This brings us to the heart of the issue. Impairment is not just determined by alcohol levels. Florida law is concerned with whether your ability to drive was affected by any substance—even if that substance is something legal or prescribed.
For example:
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You may have a legal prescription for painkillers, but if you took too many and they affected your coordination or reaction time, you could be arrested for DUI.
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Marijuana or other controlled substances can show up in your system even after their effects have worn off, but if an officer believes you’re impaired by the drug, you could still face DUI charges.
Even if your breath test comes back at 0.00, a DRE (Drug Recognition Expert) or officer might still arrest you if they observe signs of impairment. It’s not about the test results; it’s about the officer’s opinion on your ability to safely operate a vehicle.
Real-Life Example: How a DUI Arrest Happened Even With a Passed Breath Test
Let me give you an example from my practice. I had a client who was pulled over late one evening for swerving between lanes. When the officer approached, my client admitted to having a couple of beers earlier that night. The officer conducted a breath test, which came back at 0.00% BAC—well below the legal limit.
However, the officer still suspected impairment, citing my client’s slurred speech, bloodshot eyes, and a slow, deliberate way of speaking. After conducting a field sobriety test and observing other signs of impairment, the officer called in a Drug Recognition Expert (DRE).
The DRE performed a full evaluation, which included checking my client’s pupil size, muscle tone, and response to light. Based on this evaluation and the officer’s observations, the DRE concluded that my client was impaired due to a prescription medication (which my client had a valid prescription for).
Even though my client passed the breathalyzer, the DRE’s evaluation led to a DUI drug charge.
Here’s the important part: I examined the case thoroughly and discovered that the DRE’s training was outdated, and there was no clear evidence of impairment based on the medical records my client provided. We argued that my client’s behavior was misinterpreted as impaired due to their medical condition, and ultimately, we got the charges dropped.
This case highlights why it’s essential to have a private attorney involved. While passing the breath test may seem like a victory, there are still other factors—like DRE evaluations and subjective assessments—that can lead to an arrest.
What Defenses Can Be Used in DUI Cases Where the Breath Test Was Passed?
If you’re in a situation where you passed the breath test but were still arrested for DUI, several defenses can help challenge the charges:
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No Impairment
If there’s no clear evidence of impairment, it’s hard for the prosecution to prove you were driving under the influence. This can be particularly relevant if the arrest is based solely on the officer’s subjective opinion or a DRE evaluation. -
Inaccurate Field Sobriety Tests
Officers may conduct field sobriety tests to assess impairment, but these tests aren’t always accurate. A medical condition, fatigue, or even nervousness can cause you to fail these tests, even if you’re sober. These tests can be challenged as unreliable evidence of impairment. -
Improper DRE Evaluation
Drug Recognition Experts are not infallible. If the DRE’s evaluation was done improperly or if the officer was not properly trained, we can challenge the validity of their conclusions. There are also cases where DRE evaluations can be biased or based on assumptions rather than hard evidence. -
Medical Conditions or Other Factors
If you have a medical condition that causes symptoms similar to impairment (like diabetes, low blood sugar, or anxiety), it’s important to point that out. It’s not uncommon for people with medical conditions to appear impaired when they are not. -
Lack of Probable Cause for Arrest
The officer needs to have a valid reason for stopping you and probable cause to believe you were impaired. If your arrest was based on nothing more than subjective opinions or minor infractions, we may be able to get the case thrown out.
Why You Need a Private Attorney
You may have passed the breath test, but if the arrest was based on subjective observations or improper evaluations, you still need a lawyer to fight the charges. Private attorneys have the time, experience, and resources to:
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Challenge the officer’s observations of impairment.
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Review and question DRE evaluations and their qualifications.
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Obtain medical records that support your case.
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Investigate other possible defenses like misinterpretation of symptoms or misuse of field sobriety tests.
Many public defenders may not have the time or resources to thoroughly investigate all aspects of your case. Private criminal defense lawyers, on the other hand, are dedicated to fighting for your rights. We ensure that every detail is examined and every possible defense is explored.
Call 24/7/365 Musca Law For a Free Consultation
If you were arrested for DUI in Florida despite passing the breath test, don’t assume the case will go away on its own. You need a defense lawyer who will fight for you every step of the way.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
FAQs – DUI Arrests in Florida After Passing a Breath Test
Can I still be arrested for DUI if I passed the breathalyzer test in Florida?
Yes. While the breathalyzer test is an important piece of evidence, it is not the only factor. If an officer believes you are impaired by drugs or other substances, they can still arrest you for DUI. Additionally, if the officer has reasonable cause to suspect you are impaired by something other than alcohol, they may use other tests to justify the arrest.
What is a Drug Recognition Expert (DRE) and how does it affect my case?
A Drug Recognition Expert (DRE) is a police officer specially trained to identify signs of drug impairment. If they evaluate you during a DUI stop, their conclusions can be used as evidence in court. However, the DRE process is subjective, and there are many ways it can be challenged by an experienced defense lawyer.
Can a medical condition cause me to fail a field sobriety test?
Yes. Several medical conditions, such as diabetes, anxiety, or even an ear infection, can cause you to fail field sobriety tests, even if you’re sober. A skilled attorney can use medical records and expert testimony to show that your medical condition was mistaken for impairment.
Do I have to submit to a blood test if I’m arrested for DUI in Florida?
If you are arrested for DUI in Florida, you may be asked to submit to a blood test. Refusing to submit to a chemical test (blood, breath, or urine) can result in serious consequences, including automatic license suspension. However, even if you refuse the test, a skilled attorney can help challenge the evidence against you.
What are the possible penalties for a DUI conviction in Florida?
The penalties for a DUI conviction in Florida can include fines, license suspension, mandatory DUI school, probation, and even jail time. The severity of the penalties depends on whether it’s your first or subsequent offense, whether you caused any injuries, and whether your BAC was above the legal limit.
What can a private attorney do for me if I passed the breathalyzer test?
A private attorney can challenge the officer’s observations, the validity of field sobriety tests, and the conclusions drawn by a Drug Recognition Expert. We work to ensure that the evidence is properly examined and that your rights are defended at every stage of the process. A private lawyer will fight to have the charges reduced or dismissed entirely, especially if the arrest was based on subjective or faulty evidence.
Call 24/7/365 Musca Law For a Free Consultation
If you were arrested for DUI in Florida despite passing the breath test, don’t assume the case will go away on its own. You need a defense lawyer who will fight for you every step of the way.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.