Driving home after a night on the town with my girlfriend, who only had a couple of drinks earlier in the evening, I decided that I should not be driving, so we switched seats. After leaving the parking lot where we switched places she hit the curb pulling out. She is not used to driving my raised 4WD SUV. A police officer pulled us over. He gave her several FST's. She passed them all. She also was found to be under the legal limit as far as the breath test. The officer then said he was going to test me the passenger, and proceded to charge me with DUI. Has anyone experienced this befor? Please respond.