With numerous drunk driving myths making the rounds, it has confused people on what is and is not true. Therefore, it is important, especially for DUI lawyers, to bust common drunk driving myths. It is important that clients understand the myths surrounding drunk driving.
Here are the myths that need busting:
ØMyth #1: The Police Officer Cannot Arrest Me If IHave Not Exceededa BAC Level of 0.08%
The legal limit for blood alcohol concentration is 0.08%. Most people think if their BAC level is 0.07%, the police officers cannot arrest and charge them with driving under the influence. However, it is the complete opposite.
If the police officer suspects that your level of intoxication can negatively impact your driving and become a danger to you and others on the road, they will arrest and charge you regardless of what the breathalyzer test states.
Most police officers when they pull a person over a DUI, do not ask you take a breathalyzer test, but instead, ask you to take the field sobriety test first. If you fail the field sobriety test, they can arrest you even if your BAC level is low.
ØMyth #2: If I Get Out of the Car, the Cops Cannot Charge Me with a DUI
Getting and not getting out of the car has nothing to do with you not being arrested and charged with a DUI. The police officers can still arrest you if you get out of the car. For instance, you park your car at a gas station to refuel your car after partying and drinking the night away.
A police officer can come up to you and start a conversation with you. If they determine that you are intoxicated, they can arrest you because they know that you drove your car to the gas station while drunk.
ØMyth #3: I Am Always Below the BAC Limit Because I Only Have Two Drinks
Although you might be below the BAC limit because you only had two drinks, you still need to consider the alcohol content of those two drinks. You also need to consider your size, gender, food intake, and the span of time between each drink. In short, the “two drink rule” is a myth.
ØMyth #4: I Passed the Field Sobriety Tests, Which Means I Am Free to Go
Not exactly. Even if you pass the field sobriety tests, does not mean that you are free to go. If the police officer determines you are intoxicated even if you have passed the field sobriety tests, they will still give you the breathalyzer test.
If you are charged and arrested for driving while under the influence, you need to contact a DUI attorney who can help you get out on a lesser charge depending on the severity of your case.