The Consequences of a Zero BAC Test in DUI Cases

DUI, or Driving Under the Influence, can result from the consumption of alcohol and/or drugs. One question often arises: if a person is arrested for suspicion of DUI and the subsequent breathalyzer test reveals a zero blood alcohol content (BAC), what happens next? Does this result always mean a free ride back to their car, or will they still face legal consequences? To answer this question, it is necessary to understand the procedures involved and the jurisdictional variations.

Procedures and Evidence in DUI Arrests

When arrested for a suspected DUI, the individual often faces a series of tests before being taken to the station for a breathalyzer test. Local laws and jurisdictions can vary, but these procedures usually involve a field sobriety test, which may include:

Walking in a straight line Standing on one foot Other standardized field sobriety tests

If the individual fails these field tests, they are typically taken to the station for a breathalyzer test, which is for official records and used in court. It's important to note that a zero BAC does not automatically exonerate the driver from DUI charges; the arresting authority must demonstrate probable cause for the arrest.

Drug Involvement and Further Testing

In some jurisdictions, if there is evidence that the person might have been under the influence of a drug, a urine or blood sample test is mandatory. After such a sample is collected, the person may be booked into jail to wait for the results. If the drug test comes back negative, no charges are typically filed. However, if the test is positive, charges are often brought forth.

Discharge and Legal Processes

If the breathalyzer test at the station shows a zero BAC and there is no indication of drug use, the person generally does not face further charges and is released. However, the individual is not usually provided with a ride back to their car and a towing service is typically the responsibility of the person or the business.

It is crucial to understand that the determination of probable cause is critical. A zero BAC does not conclusively disprove this. The arresting officer must have had reasonable suspicion to conduct the initial tests and arrest the individual.

What If It’s All Wrong?

Arresting the wrong person is unfortunately a possibility, particularly in high-stress situations. This can lead to significant complications, both legally and personally. For instance, there is the case of a police force that mistakenly entered the wrong home and apprehended an old, sick man. They briefly detained him in cold winter conditions and caused him substantial harm. While it is understandable that they were acting on probable cause, their actions resulted in severe consequences for the man and his family.

Apologies and Legal Ramifications

In such cases, apologies and legal ramifications are common. While the police force apologized nicely, the man was left without proper identification and cash, far from home. His children discovered him hospitalized from frostbite and hypothermia. The incident caused a public furore, and the responding officer received a formal warning. Such incidents highlight the importance of proper training and clear procedures in law enforcement.

It is clear that the consequences of a DUI arrest can be severe, even if the BAC test results are zero. The procedures involved and the potential for legal action mean that those arrested should be aware of their rights and the factors that determine the course of action.

For more detailed information and legal advice, it is advisable to consult professional legal resources or seek assistance from legal experts.