Los Angeles DUI Myths

  • May 24, 2017

    Despite the availability of accurate information regarding driving under the influence charges, myths abound. Indeed, there exists a myriad of myths that are retold so often, many individuals conclude that they are true.

    A motorist needs to be aware of the myths surrounding DUI charges and cases. By understanding what is and is not true regarding driving under the influence, a motorist is in the best possible position to protect his or her legal rights and interests.

    A Penny in the Mouth Throws of Breathalyzer Results

    A recurring myth associated with DUI is that placing a penny in the mouth acts to prevent a Breathalyzer from detecting alcohol. The reality is that a Breathalyzer is designed to measure air deep in a person’s lung. Nothing placed in a person’s mouth, including a penny or any other type of metal, has an impact on the testing device.

    A Person Cannot be Charged with a DUI if Driving Perfectly

    Another myth associated with DUI is that a motorist driving perfectly cannot be charged with DUI. A police officer must have probable cause to pull a motorist over in he first instance. In other words, a police officer must observe a driver possibly doing something illegal.

    With the rise of DUI checkpoints, the manner in which a motorist is operating a car will not necessarily protect him or her from DUI charges. A driver can still get arrested for driving under the influence, no matter how “perfectly” he or she is driving, at a DUI checkpoint.

    Consuming Food and Drinking Coffee Sobers a Person Up

    A highly persistent myth is that eating food or drinking coffee sobers a person up. In fact, eating and drinking coffee has almost no appreciable impact on a person’s BAC level. A person might start feeling as if he or she is sober, but his or her blood alcohol content level will not support that change.

    A Driver Must Do Everything Asked by Police During a DUI Stop

    Another myth is that a driver must do everything a police officer asks during a DUI stop. This is false.

    A driver does not need to incriminate his or her self. For example, when a police officer asks a driver if he or she has been drinking, the driver does not have to respond with a “yes” or a “no.” A driver can politely state that he or she is not comfortable answering questions.

    A police officer may ask a driver to take field sobriety tests. The reality is that these tests can be challenging to pass even when an individual is completely sober. A driver is not required to take these tests.

    Drivers are not required to take a Breathalyzer test. There can be consequences to refusing to take a Breathalyzer test as far as a driver’s license suspension is concerned.

    The one exception to refusing a Breathalyzer test involves drivers under the age of 21 who are on probation for DUI. In California, they must take a Breathalyzer test when asked to do so, including at a DUI stop.

    Consult a Los Angeles DUI Attorney

    Los Angeles DUI attorneys are myth busters. They can make certain a person understands what is and is not true information when it comes to all elements of a DUI case.

    A person charged with a DUI needs to take a proactive stance to best protect his or her legal rights and interests. This includes scheduling an initial consultation with an experienced Los Angeles DUI lawyer. As a general rule, a DUI attorney does not charge a fee for an initial consultation with a potential client.

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