I actually passed the breath test, but the police still arrested me. How is that possible?
If you actually passed the breath test and the police still arrested you, it’s possible because in Florida, they can use a breath test of .05 or above against you to prove DUI. If you’re over a .08, you’re legally impaired as a matter of law. If it’s over a .05, that fact can still be used as evidence in your trial. The state can also attempt to show that you’re under the influence by using the traditional predicate. What that means is if they can show that you were under the influence to the extent that your normal faculties are impaired, then they can also prove that fact in a court of law with or without a breath test.