When the police officer pulled you over, the last thing you expected was to actually be above the legal limit for alcohol. Surprisingly, the breathalyzer came back 0.09, high enough to lead to an arrest.
Before you admit defeat, it's a good idea to talk to your attorney. Not all breathalyzer tests are admissible if they are not performed correctly. For instance, the officer should be trained in giving a breath test and administering it two times. If your breath tests come back too far apart, it could mean the breathalyzer is not properly calibrated.
Breath tests can also be inaccurate because of other factors like the things you've eaten recently or medications. If you burp during a test, that can also give the officer a false positive and lead to an arrest you don't deserve.
It's a good idea to remember everything that happens at the scene when you're pulled over. Get the officer's name and badge number. Know your rights and don't say anything that could result in a conviction. You don't have to say anything until after you speak with your attorney.
There are many kinds of tests that are more accurate than a breath test, but they require warrants. If you can discredit the test you were given at the scene, you have a good chance of having the charges against you reduced or dropped completely. Your attorney can talk to you more about what you can do to fight the charges against you. Our website has more on the steps you can take to protect your reputation.