One of the most bizarre cases of a DUI recently came from California and concerns a man who was pulled over and tested both with a breathalyzer and a lab blood test. The former indicated zero blood alcohol content, and the latter revealed that the man had not used any of the usual recreational narcotics that impair driving, but did show that the man had consumed caffeine. Even though drinks that have caffeine are not known to impair driving, the unfortunate driver is facing a DUI charge anyway.
California law is decidedly vague as to what drugs are included in those that will impair driving. The man in question is accused of driving erratically and even cutting off a law enforcement agent on the road. But the DUI seems to be something of a stretch, according to legal professionals who commented on the story.
Fortunately, Virginia law defines DUI a little more narrowly, with the legal blood alcohol content depending on your age and license class.
If you are pulled over and fail a breathalyzer, you are not automatically guilty. Breathalyzer tests, often performed on a dark roadside, can produce false positives, especially if the test was administered incorrectly or the device was in need of maintenance and calibration. Blood tests conducted in a lab are usually the most accurate, but these aren't foolproof, either.
False arrests for DUI, even after the defendant has passed a breathalyzer, are not unheard of. Unfortunately, an innocent person who has been wrongly accused nonetheless has a host of problems to worry about.
The point is that you are not guilty of a DUI until you plead guilty or are convicted in a court of law. The Constitution regards every American as innocent until proven guilty,
The first thing you should do, therefore, if you find yourself arrested on a DUI charge, is to retain the services of a criminal defense attorney with experience in DUI cases. Such an attorney will be able to protect your rights in the legal system and make sure that you get the best outcome according to the facts of the case and the law in the jurisdiction in which you have gotten into trouble.