Drinking and driving can have serious consequences, both legal and personal. Unfortunately, many misconceptions about drunk driving cases can lead to an inadequate understanding of the legal process. To ensure your rights are upheld throughout the process, it is essential to understand the truth behind these common myths. This article will discuss five common misconceptions about DUI cases and how a defense attorney can help address them.
Myth 1: If a person's blood alcohol concentration (BAC) is below the acceptable limit, they cannot be charged with a DUI.
Even if your blood alcohol concentration does not exceed the legal limit of 0.08%, you may still be charged with DUI. If a law enforcement officer believes that alcohol inhibits your driving capacity, you can still be charged with a DUI. An experienced defense attorney can challenge the officer's assessment of your impairment and argue that you were not a danger on the road.
Myth 2: Refusing to take a breathalyzer test will prevent a DUI charge.
In many states, refusing to take a breathalyzer test can result in automatic license suspension and other penalties, even if you are ultimately not charged with a DUI. An experienced defense attorney can help you understand the laws in your state and advise you on the best course of action if you are asked to take a breathalyzer test.
Myth 3: A first-time DUI is just a minor traffic violation.
First-time DUI offenders may face harsh penalties such as jail time, fines, and losing their driving rights. An experienced defense attorney can help you understand the potential consequences of a DUI charge and work to minimize any penalties you may face.
Myth 4: A DUI charge can't be defended against.
There are a variety of possible defenses to a DUI charge, depending on the case's specific circumstances. For example, an experienced defense attorney may be able to challenge the accuracy of the breathalyzer test, the legality of the traffic stop, or the officer's assessment of your impairment.
Myth 5: A DUI conviction will stay on your record forever.
The length of time that a DUI conviction stays on your record varies by state, but it is often possible to have a DUI expunged or sealed after a certain number of years. An experienced defense attorney can help you understand the laws in your state and advise you on the best course of action to clear your record.
DUI cases are complex, and there are many misconceptions surrounding them. An experienced defense attorney can help clear up these misconceptions and advise you on the best action to defend against a DUI charge.
Contact a local DUI defense attorney to learn more.