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What happens if you pass a breath test? Nothing. You are already under arrest and being charged. You will still have to get a bond, hire a lawyer, and fight your case. The state has other ways they can try to prove intoxication. If an officer ever tells you that if you pass a breath test you can go home, remember, that is NOT true.

Hey Everyone, Criminal Defense Attorney Eric Benavides here.

I’m just leaving the criminal courthouse where I had a new case today an individual was charged with DWI. Now this person took a breath test and blew .07 which is under the legal limit yet he is still being prosecuted

Now I have had a string of cases recently where individuals are being charged with DWI for blowing under the legal limit and includes individuals who blew .02, .04 and multiple .07’s.

Now the problem is that many times individuals ask the police “what happens if I blow under the legal limit?”

And almost always the police them, well if you blow under you get to go home and that’s simply not true. They can still try to prove you’re guilty of the DWI if they can prove that you lost the normal use of your mental or physical faculties which they typically try to prove through your video and through how you performed on your sobriety test

But bottom line is if an officer ever tells you that you can go home if you take a breath test and blow under legal that is simply not true. In fact the most of the time, by the time you take that breath test, you are already under arrest.

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