5 Myths of DUI Law
Getting a driving under the influence (DUI) charge is unfortunately a common occurrence, just as alcohol or drug related driving deaths are quite common. It can be difficult to cope with the damages that come from getting a DUI. Some believe they can get out of it easily
others may feel they will ever be free of it
still more make mistakes when it comes to representation. This blog guide points out many myths that are clearly wrong. Let's see if you believe any of them.
1-You Can Drink and Drive (Sometimes)
Some think it's okay to drink some and drive, or to use some drugs, or to drive under age while drinking any amount. Accordingly, DUI arrests occur. Why? Some take alcohol better than others, and it's nearly impossible to know if you are over the legal limit. If you use even some drugs, it can influence your ability to drive, and if they are illegal drugs, that's breaking the law already. And remember: if you are under age, all states punish you for having any alcohol in your system, charging you for as little as a .01 level of alcohol.
Since you can never be sure what will happen on the breathalyzer, not to mention what will happen to your driving ability (leading to an accident), you should never drink or use drugs before driving. If you are at a party, at a bar, at your home, you should either get a sober driver, call a cab, or stay.
2-Drugs Don't Matter
Even legal drugs can greatly influence your ability to drive. If you are taking a prescription drug, and it effects your driving ability, you should avoid driving at all costs. You should be warned beforehand by your doctor, or look up the side effects. If you are under the influence, you can be charged. And if you take an illegal drug, it won't show up on your breathalyzer which tests for alcohol, but it can be found with a blood test. If you have drugs on you as well, you're going to be charged.
3-You Have to Take Sobriety Tests
All states require you by law to take a breathalyzer test, and if you don't, your license will immediately be suspended. However, state laws differ on further tests sometimes you can refuse to take other sobriety tests such as walking in a straight line, counting backwards, or standing on one leg. In many cases, there are no laws on the books saying you must take these actions.
4-You Will Always be Found Guilty
You may think it's over once the breathalyzer reads above .08% or the drugs are found on your person or in your system. Actually, if the test is very close to the limit, not being too high, you can argue it was wrong. You have many potential DUI defenses, even if you fail tests. The officer may have broken your rights, failed to properly use the breathalyzer, or made other mistakes. At the least, you can get a plea bargain for lesser charges.
5-Any Lawyer is Good
You have three options: represent yourself, have court appointed lawyer, or hire a lawyer. These are not equal options. You need to hire a professional, local DUI lawyer who knows state laws, who has the time to handle your case, and who can handle the court process. If you represent yourself, you simply won't know what to do unless you're a DUI lawyer. If you ask for a court appointed lawyer, they have no real interest in your case, no time to truly help, and may make mistakes.