Although some individuals may be able to consume a reasonable amount of alcohol and operate their car safely, this amount can vary by person and can depend on factors such as age, alcohol tolerance, weight, muscle mass, sex, and the amount of food a driver has consumed. The truth is its not always easy to tell if you are under the legal limit.
DUI Myth 2: 0.08% is the legal limit
Although the police may be able to arrest you and charge you with DUI if your blood alcohol level is at or above 0.08% of higher, you can also be arrested with a BAC of any amount if you are unable to safely operate a motorized vehicle. Just be aware that the police are much more interested in your impairment level than your BAC level.
DUI Myth 3: If you refuse the field sobriety test you will not be arrested for DUI
A driver may be arrested for DUI based on different types of evidence. The field sobriety test is simply one method the police use to gather information about your level of impairment. Other evidence can include actions on the roadway, odor of alcohol, bloodshot eyes, slurred speech and lack of balance. Drivers may also be forced to submit to a chemical testing of their blood, urine or breath after a DUI arrest, which could provide more than enough evidence of illegal intoxication or drug use.
DUI Myth 4: You should always refuse a chemical test after a DUI arrest
Implied consent laws have been enacted by states which require drivers to submit to a chemical test after a DUI arrest. If you refuse you can expect to have your license suspended by the Department of Motor Vehicles or equivalent organization in your state. A refusal may, in some cases, result in high fines and penalties for DUI and can in some states be used in court against you.
DUI Myth 5: Taking a cold shower or drinking coffee will sober you up
The metabolizing of alcohol is the only way for individuals to sober up. The metabolizing process can also take a long time. As mentioned above, the level of intoxication will vary by person based on a variety of factors. Drinking coffee and taking a shower will not help.
DUI Myth 6: Beer and wine are weaker because they contain less alcohol
While it is true a person could drink more beer and wine than liquor to become illegally intoxicated, when we compare a serving size of each type of drink they contain the same amount of alcohol: 12 ounces of beer, 5 ounces of wine and 1 ¼ ounces (shot) of liquor (80 proof) contain the same amount of alcohol.
Myth 7: You can fight a DUI by yourself without legal help
Due to the severe penalties for even first time DUI offenses, its generally recommended that offenders talk to a DUI lawyer. Keep in mind, DUI convictions generally cannot be expunged from a drivers record (exceptions exist in some states).