There are many myths out there about what happens when you are stopped and arrested for a DUI. Remember, you are not guilty until proven so in court by the prosecution. Here, we have aimed to debunk many of the common myths you may have heard about a DUI offense:
Myth: Take a breathalyzer if you know you aren’t drunk.
Even if you think you won’t get a result that exceeds 0.08% BAC, you may want to decline the test. You are not obligated by law to blow into a breathalyzer, and there aren’t repercussions for saying no. If you have a result below the legal limit, the officer can arrest you for being intoxicated to some degree while operating a vehicle.
Myth: You can’t be arrested for a DUI while on your own property.
There are many people who have been arrested for a DUI despite being parked in their own driveway. It doesn’t matter if you have keys in the ignition or not, what it comes down to is whether the officer has enough probable cause and evidence to arrest you.
Myth: You have to take a field sobriety test if asked by an officer.
Another myth about DUI law is that you have to take a field sobriety test as requested by the police who pulled you over. This is false, as the test is completely voluntary. Field sobriety tests were created to give an officer cause for arresting you. If you don’t perform the test perfectly, the officer may arrest you for a DUI. But for some people, a medical condition or medication could have been a factor.
As a DUI lawyer, like one from The Law Office of Daniel J. Wright, also knows, DUI charges are a serious crime and can result in severe repercussions. By knowing the law, you can act in a way that protects your best interests and rights.