Yes, it happens quite often. When you say "passes the Intoxilyzer" I assume you mean the person blew under .08. The officer can still charge the driver with DUI if the officer believes he or she is under the influence to the degree that he or she is incapable of safely driving. This happens quite often when the breath test result is not much under .08.
A driver can also be charged with driving under the influence of drugs, whether it is illegal drugs or prescription drugs. Even a driver who shows no alcohol on a breath test can be charged with DUI in this way. Sometimes a DUI is charged is the officer thinks the driver is impaired by a combination of alcohol and drugs.
