Nothing Less Than Your Freedom Is On The Line

Office Building of Crosby Law
  1. Home
  2.  – 
  3. DUI charges
  4.  – Can you be charged with DUI when you are not drunk?

Can you be charged with DUI when you are not drunk?

On Behalf of | Jul 18, 2023 | DUI charges

Drunk driving is both illegal and dangerous – and most people know this. Getting behind the wheel while under the influence of alcohol not only puts your life at risk but other road users as well. And that’s not all, a conviction for drunk driving can result in far-reaching legal and personal consequences.

But did you know that you can be charged with a DUI when you are under the legal limit and perhaps feeling pretty sober? Yes, it is not uncommon for the police to make a false drunk driving arrest. But how exactly can this happen?

Here are two instances when you can be falsely arrested for drunk driving.

When the breathalyzer equipment is improperly calibrated

To give an accurate recording of your BAC, the breathalyzer equipment must be properly maintained and calibrated. If this does not happen, the device can record a false positive, and this can lead to your DUI arrest. Likewise, the individual administering the test must have proper training and qualification to do so.

When you are on certain medications

The medications and other substances you ingest can also trigger a false-positive outcome. Some of these include asthma medications like salmeterol, albuterol and budesonide. Upon inhalation, these medications are likely to remain in your airways much longer. Mouthwashes and breath sprays that have significant alcohol content can also lead to a false positive.

Protecting your interests

The consequences of being arrested, charged and convicted of drunk driving can be devastating, to say the least. From fines to jail time and ending up with a criminal record, a DUI conviction can have a lasting impact on your life so you need to explore your legal options and protect your rights.