Its not uncommon for people to ask our attorneys if they can still be charged with a DUI after passing the breathalyzer. The answer to the question is a yes but there are conditions. Driving under the influence (DUI) charges in Oklahoma are not solely dependent on the results of a breathalyzer test. While many people assume that passing a breath test means they are in the clear, the reality is that law enforcement can still charge a driver with DUI based on other evidence. Understanding how DUI charges work in Oklahoma can help you navigate the legal system if you ever find yourself in this situation.
Oklahoma’s DUI Laws
Under Oklahoma law, a person can be charged with DUI if they operate a motor vehicle while:
- Their blood alcohol concentration (BAC) is 0.08% or higher, as determined by a breath or blood test.
- They are under the influence of alcohol, drugs, or any intoxicating substance that impairs their ability to drive, regardless of their BAC level.
This means that even if a breathalyzer test shows a BAC below the legal limit, an officer may still charge a driver with DUI if there is evidence of impairment.
How Can You Be Charged with DUI if You Pass a Breathalyzer Test?
There are several ways law enforcement can justify a DUI charge even when a driver passes a breath test, such as:
1. Field Sobriety Tests Indicating Impairment
Police officers often conduct field sobriety tests (FSTs) to evaluate a driver’s coordination and cognitive function. If a driver fails these tests—such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus—officers may determine impairment, even if the driver’s BAC is below 0.08%.
2. Signs of Drug or Other Substance Use
A breathalyzer only detects alcohol, not other intoxicating substances. If an officer suspects that a driver is under the influence of marijuana, prescription drugs, or illegal substances, they can still charge the driver with DUI. In these cases, the officer may request a blood or urine test to check for drugs.
3. Erratic or Reckless Driving Behavior
Observations of dangerous or erratic driving can serve as strong evidence of impairment. If a driver is swerving, speeding, or failing to obey traffic signals, an officer may conclude that they are under the influence, regardless of their BAC.
4. Physical and Behavioral Indicators of Impairment
Law enforcement officers receive training to recognize signs of intoxication, including:
- Slurred speech
- Bloodshot or watery eyes
- Slow or incoherent responses
- The smell of alcohol or drugs
- Unsteady movements
If an officer believes a driver is impaired based on these indicators, they may still make a DUI arrest, even if the breathalyzer result is below the legal limit.
Possible Defenses to a DUI Charge Without a High BAC
If you are facing charges of DUI despite passing a breathalyzer test, there may be legal defenses available, such as:
- Challenging Field Sobriety Test Results – FSTs are subjective and can be influenced by fatigue, medical conditions, or poor weather conditions.
- Questioning the Officer’s Observations – If an officer misinterpreted signs of impairment, video footage or witness testimony may contradict their claims.
- Disputing Drug Test Results – Blood and urine tests for drugs can be unreliable, and an attorney may challenge their accuracy.
- Proving Innocent Driving Behavior – If erratic driving was due to a separate reason (such as a distraction or mechanical issue), this can be a defense.
Tulsa County Criminal Defense Attorneys
You can still be charged with DUI after passing the breathalyzer test does not guarantee that you will avoid a DUI charge in Oklahoma. Law enforcement can still use other forms of evidence to justify an arrest and prosecution. If you are facing DUI charges, get a free consultation from a DUI attorneys at Tulsa County Lawyers Group criminal defense attorney by calling 918.379.4864. Or you can ask an online question by following this link.
