The officer needs probable cause to place you under arrest for DUI. While the field sobriety tests can give them probable cause, you can still be placed under arrest if the officer can point to other factors giving probable cause. For example, a strong odor of alcohol, admitting to drinking, slurred speech. This is where you need an experienced DUI attorney to carefully review the stop and administering the field sobriety test, to determine if the officer had probable cause. There may be issues with the calibration or maintenance of the breath test that could get the charges reduced or dismissed.
Answered on Oct 04th, 2013 at 9:29 AM