Debunking 9 Misconceptions about DUI Cases and Defenses

According to a survey, drunk drivers cause nearly 28% of US fatalities to over 10,000 deaths annually. Even worse, millions of drivers get arrested for DUI per year.

Nonetheless, drinking alcohol remains a significant part of American culture and worldwide. People are looking for ‘smart’ ways to avoid or beat the breathalyzer while headed home after a drunken night outside.

While it’s normal for misconceptions to develop about some things, those surrounding drunken driving are very dangerous. Thus, debunking misconceptions about DUI cases and defenses is the aim of this article.

Let’s set things straight by highlighting what’s true and what’s false below.

But first;

What’s a DUI?

DUI means Driving Under the Influence. Once you’re charged with a DUI, the driver was driving under the influence of alcohol or drugs.

But keep in mind that the drugs are not necessarily illicit. You can also get a DUI charge from prescription or over-the-counter drugs if they cause impairment to the driver after taking them while driving.

DUI laws varies with different states, and each state sets its blood alcohol concentration (BAC) restrictions. Besides, some states call DUI with different terms. Hence, you need to know your state’s driving laws to ensure you adhere to them at all times.

Now, let’s debunk the common DUI misconceptions.

Image source: Pixabay

1.    Your BAC Has To Be 0.08% or Higher To Get A DUI

This is false in all ways. The law enforcers of many states have the right to arrest you for DUI if they believe you’re driving while intoxicated. This doesn’t necessarily require a BAC test.

In most states, the BAC results are considered enough evidence to charge you with DUI. However, a driver can challenge the validity of the BAC results.

2.    You Don’t Need a Lawyer for A DUI Charge

Unlike a traffic ticket, DUI is a serious criminal charge in most states because it endangers many lives. As is the norm with criminal charges, you need skilled legal representation if you wish to fight the charges against you.

States like Los Angeles don’t take such crimes lightly. The expert DUI Lawyers in Los Angeles emphasized that if you’re caught up in such charges, you need the intervention of such experienced legal personnel.

With the right knowledge they have, and having dealt with many related cases, they can help you reduce, or entirely dismiss, your charges. The DUI lawyer starts by investigating whether the evidence is valid to build a strong defense for your case.

Since they understand every court proceeding, and know the kind of documents to file, they can help make the court process faster. As a result, you end up saving costs that you would have spent with the many months of court cases.

3.    If You Drive Carefully, You Won’t Get A DUI

Don’t be fooled by this myth. If you’re intoxicated, a DUI charge is up on your sleeves if you meet the police. So, no matter how slow and careful you drive, DUI laws are strict in nearly all states.

With DUI checkpoints everywhere, police officers are now detaining drivers to check for any evidence of impaired driving. They’ll arrest you if you fail the tests. 

4.    Police Officers Have To Catch You Driving Before Arresting You for DUI

You don’t have to be driving for a police officer to catch you for DUI. As long as you are drunk and near your vehicle, cops can stop you from testing for drunken driving.

Police officers have the right to reasonably assume that you’re intoxicated when you act drunk, even outside your vehicle. So, if you fail the test, you get arrested.

5.    Eating or Waiting A While After Drinking Will Drop Your BAC Levels

Most believe eating or waiting an hour before driving after drinking will help lower the BAC levels. They couldn’t be more wrong.

Eating only helps reduce the effects of alcohol in your body but does nothing about the blood-alcohol content. Waiting also helps you relax the ‘high’ feeling of too much drinking.

As far as BAC is concerned, the levels are at the highest point after an hour of your last drink. So, eating or waiting doesn’t help.

The best way out would be to get a designated driver or avoid drinking for the night. Yes, you can fail the breathalyzer test even after taking a glass or two of alcohol.

6.    Sucking or Licking a Coin Can Trick the Breathalyzer

Not! This is one misconception that’s proven wrong many times by people who have tried and failed or even show talking about it.

A breathalyzer test only measures the air you breathe in and out from deep within your lungs. So, having any metal in your mouth doesn’t change your breathing. Besides, police officers always check what you have in your mouth before taking the test. There’s no way you can hide a coin in your mouth without getting noticed!

7.    Drinking Coffee or Taking a Cold Shower Sobers You Up

The truth is coffee, and a cold shower can make people feel alert and fresh in a short time. But neither of the two has any impact on your BAC levels.

Besides, drinking coffee with alcohol can cause more harm than good to your body. The only way to sober up is when the alcohol content leaves your body ultimately. That will take several hours for the complete metabolic process to finish.

8.    Spraying Breath Spray Drops BAC Levels

Yet again, this doesn’t help drop your BAC. Sadly, a breath spray can increase your BAC levels because most breath sprays have active alcohol content. Still, they may contain other ingredients triggering the BAC levels to a higher point.

Nonetheless, it’s easy for a police officer to detect the use of breath spray, which raises more suspicion, creating a problematic situation.

9.    Declining To Cooperate With the Police Helps You Avoid A DUI

If you want a more severe case, try this misconception. Once a police officer pulls you over, the best thing you can do is to cooperate. Being polite and civilized makes things easier for you, even intoxicated.

Final Word

The list is endless but the above are the common DUI myths going round. Sadly, many people are buying into the several misconceptions about DUI cases and charges. Ultimately, these myths only lead to unfortunate situations with the law enforcers.

Aside from having a firm understanding of the law, it would also be best to have a DUI attorney by your side if you get charged. This way, you can walk out freely or have less impact than without an attorney.

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