I was arrested for DUI, but I was not drunk. What do I do now?While discussions of drunk driving often assume that every driver arrested for DUI was drunk, often this is not the case. Arresting officers can make mistakes. Consider the following possibilities: Roadside Tests are Subjective
- Sober individuals who are not physically active or have inner ear problems often cannot balance on one leg for any length of time. An officer may cite failure to pass this simple test as evidence of intoxication, when it may simply be evidence of a driver's physical inactivity or medical problem.
- Drivers who do not speak English as their native language may not be able to recite the alphabet or count forward or backward correctly and confidently. And any driver, regardless of his native language, may feel nervous or intimidated when confronted by a law enforcement officer and not perform simple mental task to the best of their normal abilities.
- Many prescription medications, and even some over-the-counter products (like cough medicines) or herbal preparations (such as ginseng or kava kava), may contain alcohol. This may alter the results of breathalyzer tests or blood or urine samples taken.
- How a law enforcement officer calibrates, stores and operates a breathalyzer machine may impact the machine's results. Any error on the officer's part can, on occasion, render the machine inaccurate.
- When taking a blood or urine sample, wiping the area with isopropyl or rubbing alcohol before taking a sample can create inaccurate Blood Alcohol Content (BAC) results.
- Some medical conditions can cause a driver to have an elevated BAC even when he hasn't been drinking. For example, diabetics can have ketones in their breath, which could cause a breathalyzer analysis to record alcohol when they haven't been drinking.