Posted by duijim in on January 9, 2025
At DUI charges, believing myths can have harmful and costly repercussions. Therefore, it’s essential that individuals understand the facts surrounding BAC levels, field sobriety tests and refusing to take a breath test.
1. There is a common misperception about DUI charges: 1. One can trick a breathalyzer by chewing gum, sucking on pennies, rinsing out their mouth or using breath spray.
Myth 1: You Can’t Be Charged With a DUI if Your BAC Is Below 0.08%
Some individuals can be arrested for DUI despite having blood alcohol concentration levels well under the legal limit, because different people react differently to equal amounts of alcohol consumption; just because someone’s BAC falls below legal threshold doesn’t mean they’re not impaired – an officer observing signs of impairment such as slurred speech or difficulty walking may decide to arrest them for DUI.
Alcohol-impairing substances also include prescription and over-the-counter drugs, while illegal substances (e.g. marijuana) increase your chances of involvement in an accident more than those who don’t use any illegal substances at all. A DUI arrest record may cause issues for employment, education and loan applications as well as housing options in future.
Myth: If your breathalyzer test result is below 0.08%, your DUI case is lost. In reality, this is not necessarily true as you can still contest its findings with help from an experienced lawyer and win your case.
Myth 2: You Can’t Be Charged With a DUI if You’re Not in the Act of Driving
Driving under the influence is dangerous and has serious legal repercussions, from jail time to fines and license suspension. A conviction could also make employment and housing harder to find; unfortunately, many people believe false allegations about DUIs that fuel risky behaviors that threaten lives – dispelling such falsehoods is vital in order to reduce incidents like these.
People mistakenly assume they can avoid DUI by waiting an hour or two after drinking before driving; this is false as people’s blood alcohol levels often peak 30-to-2 hours post consumption and take another hour or so to return to safe levels.
Refusing to take a breathalyzer test does not allow you to avoid DUI charges; police have the right to require that you submit to one as part of determining your blood alcohol concentration (BAC). Refusal could result in automatic penalties such as license suspension under implied consent laws.
No matter what charges you may be facing, it is crucial that you gain a solid grasp of the law. Consulting an attorney experienced in DUI law can evaluate your situation and offer tailored guidance. When arrested for DUI charges it is imperative that legal assistance be sought immediately – this ensures your rights will be upheld in court and that they won’t become an obstacle later on.
Myth 3: You Can’t Be Charged With a DUI if You’re Not in the Act of Driving
Many people mistakenly assume they can’t be charged with DUI if they are not currently driving; however, this is far from true: police may arrest you if they believe that at any point within two hours you were operating a motor vehicle for some reason – even if they did not see you do it themselves! Therefore it’s essential to remain safe by refraining from drinking and driving no matter where your journey ends – from an auto to bicycles!
Note that DUI laws don’t just pertain to alcohol; they also cover any substance which impairs driving abilities, including prescription drugs. As with all medications, read and follow their warning labels closely as some could cause serious side effects that impair judgement and coordination while driving.
One popular misconception regarding DUIs is the belief that you can cheat breathalyzer tests by chewing gum, sucking on a penny, or gargling water through your mouth. Unfortunately, these methods may only have temporary or ineffective results depending on how much alcohol has been consumed; in any event a police officer could still use other indicators of your intoxication like slurred speech and unsteadiness on your feet to prove that you were operating a motor vehicle while impaired.
Myth 4: You Can’t Be Charged With a DUI if You’re Not in the Act of Driving
A common misconception regarding DUI charges is the idea that one cannot be charged unless in the act of driving. Unfortunately, many people believe this to be the case and may make risky decisions such as sleeping or drinking in their parked car after one too many, thinking they’re making responsible choices by not driving. Unfortunately this is not true: even if your engine is off and your keys are hidden inside it while sleeping or otherwise not moving anywhere near your vehicle’s engine – police could still arrest you for DUI due to intent to drive even when your engine is off because when sitting within its driver’s seat is considered intent to drive even when your engine is stationary!
DUIs should also be remembered that aren’t solely the result of drinking too much, with other drugs like prescription medications also having the ability to impair driving abilities and cause impairment. Therefore, it’s wise to carefully read warning labels on medications you take and heed advice from doctors when possible.
Whenever an officer asks if you have had any alcoholic beverages, it is wise to exercise your right to remain silent until consulting a lawyer. While lighter alcoholic drinks contain less alcohol, they still cause your blood alcohol content to increase significantly.