It depends on the rest of the case. In the State of Washington, even if your breath test results are below the legal limit, or there are no test results, the prosecuting attorneys will still charge you with DUI if, in their opinion, there is sufficient evidence to show that your ability to drive was impaired. Remember, there are two ways of committing DUI; driving with .08 or above, or simply while “under the influence” of alcohol and/or drugs which is defined as “having your ability to drive diminished in any appreciable degree”. They are alternative ways of proving the crime, and the prosecutor does not have to be able to prove both to charge someone with DUI.