ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

If my Breathalyzer test result is under 0.08 or 0.10, will the charge against me be dismissed?

Not necessarily. Even if you have a blood-alcohol level less than the prohibited level of 0.08 or 0.10, you may still be impaired. The prosecutor may decide to proceed to trial, in which event the officer's testimony as to impairment will be given as evidence, in addition to the breath test results.