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DUI case thrown out after alcohol tests come back negative

Imagine being pulled over for suspicion of driving under the influence in Fairfield County when you haven’t even had one sip of alcohol. Then, imagine the officer asking you to perform a field sobriety test and telling you that you failed it. Next, imagine being taken to the police station and being given a Breathalyzer test, which comes back at 0.00 and still being arrested for a DUI.

That scenario may seem very improbable, or even impossible, but that’s exactly what happened to one man, who was recently pulled over for running a red light. Authorities say they had to error on the side of caution. So, despite the man registering the lowest result possible on a Breathalyzer test, he was still arrested.

The man was also given a blood test, which came back negative for both drugs and alcohol several months later. Authorities defended the arrest, and reportedly claimed that the man could have been under the influence of another drug that couldn’t be detected by the blood test. A judge recently dismissed his case and he is now seeking to have the arrest removed from his record.

A situation like this is improbable, but it shows that anything is possible when someone is pulled over for suspicion of DUI. However, this man was clearly not intoxicated, and his case was thrown out. If you have been arrested or charged with a DUI, then you might want to consult with an experienced divorce attorney to help you fight the charges.

Source: CBS Houston, “Man arrested for drunk driving after blowing 0.00 into Breathalyzer,” Feb. 27, 2014

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