What Happens If I Blow Under .08 on DUI Breath Test?

Maine OUI lawyers John Webb, Vincent LoConte, and Nicole Williamson explain what happens if you blow under the legal BAC limit after being pulled over.

In Maine, many think that if your breathalyzer test comes back under .08, then you have passed the DUI test and are free to go. This is not usually the case. This is because the law in Maine states that at the time of operation, a person had a breath or blood alcohol concentration of .08 or more, or were under the influence of intoxicants.

You Can Still Be Charged With DUI and Arrested With a BAC Under .08

To be under the influence in Maine is to have your mental or physical faculties impaired however slightly or to any extent by intoxicants. This means that if you blow a .07 and the officer thinks that you are impaired slightly, you can be charged with an OUI. Not having the .08 breath test to fall back on makes the case much harder to prove for the State, but they can still use the officer’s observations to try to prove that you were impaired while operating. Book a free consultation with a DUI lawyer near me.

f you were to do poorly on your roadside sobriety tests, the officer may use that as evidence of impairment. This becomes a problem if your balance was affected by something other than intoxicants such as an injury or even the weather.  Even if the case is much more challenging to prove for the State, charges for OUI with tests under .08 are not uncommon.

What If My Blood Alcohol Concentration Is ZERO?

If you have been taken back to the police station to do a breath test, the officer must think they observed some impairment. If you blow zeros, the officer will likely think that something other than alcohol is causing the impairment. Impairment can be caused under Maine Law by many things other than alcohol – such as drugs. However, under Maine Law, drugs are not just illegal drugs. A drug is defined as any natural or artificial chemical substance that, when taken into the human body, can impair the ability to safely operate a motor vehicle.

This means that any prescription drug, even if it is taken legally as prescribed, could be alleged to have caused impairment while driving and lead to an OUI charge. The steps taken to try to find if a drug is affecting you is done by a drug recognition expert or DRE.

What Is a Drug Recognition Expert – DRE?

These are specially trained officers and may not be the same officer that gave you the breath test. In Maine, you have a legal duty to submit to a urine or blood test for a DRE if they suspect impairment caused by drugs. To determine if they suspect drug impairment, they will run you through a series of testing at the same location you took your breath test. Some of these will be similar or even the same to the tests you have already done on the roadside, and some will be totally different and more specific for drug impairment.

Some of these tests include things like a more thorough check of your eyes (HGN Test) your muscle tone, your pulse and other examinations of your physical appearance. The DRE then makes an assessment of what drugs they think you are impaired by and that assessment is later compared to the results of your urine or blood test.

These tests are extremely complicated but not always accurate for a number of reasons. The attorneys at Webb Law have taken specific training and have experience with drugged driving and cases with breath tests under .08. Feel free to call the Webb Law Firm today at 207-283-6400 anytime day or night, and arrange a free consultation to discuss your case. Please contact us today and speak directly with a 24-hour lawyer near me

Our goal is to reduce the number of DUI penalties that come with a conviction, including an ignition interlock device, or more commonly known as a car breathalyzer. This device is placed onto any vehicle a multiple DUI offender is planning on driving after a conviction for a 2nd, 3rd or 4th OUI within what is known as a look back period.


Webb Law Maine limits its geographic coverage of Maine to the ten southern counties in our State. By doing this, this helps us concentrate on the courts and court personnel prosecuting in Southern ME.

Criminal justice attorney John Webb and his other two skilled criminal defense attorneys nearby in southern Maine focus our legal services on criminal defense. In addition to Super Lawyer best criminal attorney John Webb, Vincent LoConte and Nicole Williamson are trained to assert all of your legal rights and raise all viable DUI defenses.

Posted in: and
Published on:

Comments are closed.

Contact Information