Man arrested despite .00 breath test

Posted on Mar 02, 2014

An Austin, Texas was arrested for driving while intoxicated, even though he had no alcohol or drugs in his system. The man was originally stopped for running a stop sign. The officer had him do the field sobriety tests, which they claim he failed. They also had him blow into a portable breathalzyer, which showed no alcohol. Not to be deterred, they too him to jail.

At the jail he was asked to blow into a breathalyzer, and registered 0.00. You would think that would  be enough, but it wasn't; they still booked him into jail, and charged  him with DWI. He provided a blood sample, which was sent off for analysis. The blood test confirmed the breathalyzer - he had no alcohol or drugs in his system.

So what does this tell you? I think several things. For one, you can get arrested even when you're not intoxicated. It also shows how unreliable the field sobriety tests are; they really are agility tests, which some people can never pass. Finally, it shows how hard it is for a police officer to change his mind once he's formed an opinion.

Fortunately, it worked out for this gentelmen. However, he still had to go to jail, pay for a bond, and hire a lawyer. Not someone anyone wants to do.

Walter Reaves
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Criminal Defense Attorney Walter Reaves has been practicing law for over 30 years.