Top 5 Myths About DUI Cases Debunked by an Experienced DUI Lawyer

Top 5 Myths About DUI Cases Debunked by an Experienced DUI Lawyer

An alcohol DUI arrest can have devastating repercussions, such as jail time and increased car insurance premiums. It is therefore crucial to understand your legal rights and work with an experienced criminal attorney.

Atlanta DUI lawyers offer many defense strategies to help clients beat DUI charges, such as challenging the breath test results. Unfortunately, however, certain misconceptions can hinder an effective defense.

1. You can’t be charged with a DUI if you have a prescription for medication

Being charged with DUI can be one of the most devastating experiences ever, leading to jail time, fines and even license suspension.

Prosecution for DUI requires them to establish that you were driving while impaired by drugs or alcohol, using various forms of evidence such as blood and breath tests or the testimony of drug recognition experts.

However, it is a widespread belief that prescription medication can lead to DUI charges in much the same way as alcohol consumption can. Although certain medications do impair your driving abilities, it’s important to read warning labels and follow doctor advice when taking such substances in order to avoid future charges of DUI.

2. You can’t be charged with a DUI if you only had one drink

People tend to believe they can safely drive after having one drink as long as their Blood Alcohol Concentration (BAC) falls below the legal threshold of 0.08%, but this may not always be the case.

Important to keep in mind is the possibility of being charged with DUI even if your blood alcohol concentration (BAC) does not surpass legal limits; so long as an officer believes your driving ability was impaired due to alcohol – including any instances such as swerving or driving erratically as well as his subjective observations.

Furthermore, it’s essential to keep in mind that drinking coffee or taking a shower won’t necessarily sober you up; they could actually lead to false positive results on a breathalyzer test due to unreliable estimates of your BAC that can differ based on weight, body type and metabolism.

3. You can’t be charged with a DUI if you performed poorly on a field sobriety test

Many people mistakenly believe that having a low blood alcohol content (BAC) and no visible signs of impairment is sufficient protection from DUI charges, however this isn’t always true; even having a BAC below legal limit may still result in impairment, leading to driving erratics or other circumstances that lead to arrest for DUI.

Police officers rely on field sobriety tests, like walking in a straight line or following a pen with their eyes, to ascertain if there is probable cause to arrest for DUI. While these can be difficult tests to pass successfully, failure could only strengthen the state’s case against you further.

If you find the tests daunting, try to remain calm by focusing on breathing and balance. Distract yourself by chewing gum, sucking on pennies, or rinsing out your mouth with water.

4. You can’t be charged with a DUI if you were involved in an accident

To charge someone with DUI, the prosecution must provide evidence of driving under the influence of alcohol and/or drugs. While witness testimony, blood test results, or officers’ observations may all contribute towards conviction, this alone does not ensure an arrest.

Whenever involved in an accident, it is vitally important that any evidence which supports your innocence be collected as soon as possible. This includes photographs from the scene, witness statements and police reports related to it.

Additionally, it’s best not to admit to drinking or taking medication, as this could be used against you in court. Documents or expert testimonies can cast doubt upon how these would impact you while driving and can assist your attorney in building an effective defense against DUI charges.

5. You can’t be charged with a DUI if you’re a first-time offender

Experience has taught many that facing DUI charges is a terrifying ordeal, with conviction bringing costly fines, license suspension and attendance at alcohol education programs along with mandatory ignition interlock device installation as potential punishments.

An experienced DUI attorney will seek to challenge all aspects of a case, such as how an individual was tested for blood alcohol content, whether or not there is credible articulable suspicion for traffic stops, and if breath test equipment was properly calibrated or maintained. Any attorney who dismisses DUI as being “no big deal” does their client no service and should no longer represent them.