why is my boyfriend still being charged with his second DUI even though he passed the Breathalyzer test twice?
Question Details: he was pulled over for not using a blinker. he was asked to take the test twice and both times blew below the legal limit.
It is illegal to drive while "impaired". This could mean under the influence of alcohol or drugs. So even if you pass a breathalyzer test you can still be charged with a DUI if the police officer suspects that you are under the influence of drugs.
However, getting a lawyer is always a good idea; especially since this is your boyfriend's second arrest and the penalty imposed, if convicted, will be harsher. DUI law can be very technical and fact specific, an attorney experienced in these type cases may be able to get the charge thrown out or at least reduced. You should contact one who practices locally to the area where all of this happened. They will know the court and just best how to present your case.
