You’re visiting friends in the area, so you’ve had a few nights out where you’ve been drinking and generally having a good time. Every night so far has been great, but tonight was different. You were traveling back to your hotel when you saw the flashing reds and blues behind you. You stopped for the police, hoping that this would be a simple stop.

The officer claimed that you were going over the speed limit, so they stopped you to give you a citation. However, as soon as you rolled down your window, the officer asked if you had been drinking. You admitted that you had a few drinks an hour or two ago, but they shouldn’t be affecting your now. The officer still asked for a breath sample.

After taking the breath sample, the officer asked you to perform field sobriety tests. You didn’t do well on them, but you do struggle with vertigo. The Breathalyzer test came back at .05%, which is not high enough for an automatic arrest. You thought you’d be able to get home, but the officer decided to take you back to the police station and placed you under arrest.

Even if you’re not over the limit, you can still be charged

It is important to understand that being under the legal limit doesn’t necessarily protect you against an arrest. It just means that the officer needs to get more evidence. In your case, they tried to do that with field sobriety tests. 

If you failed the tests because of real medical conditions or physical problems, that’s something that your attorney may be able to use to help you fight the DWI charge. This is a time when you should build up your case and defend yourself, so you can fight against a conviction.