Legal Guide

11 Myths About DUI and DWI Arrests

A DUI or DWI arrest can be overwhelming, daunting and stressful. The repercussions for driving under the influence range from large fines to prison time, and can include expensive substance abuse counseling and legal fees. It can be difficult to choose the right DUI defense attorney with so many to choose from. With so much at stake, several myths have developed surrounding DUI charges.

Myth 1: DUI’s are so common that all lawyers can handle them.

While common, drunken driving cases still require a lawyer that specializes in them. Your case is best handled by a DUI lawyerwith the knowledge and experience needed to strengthen your case.

Myth 2: Consequences for first DUI convictions are minor.

While first time offenders tend to do better in court than repeat offenders, all DUI cases are taken very seriously by most judges. Sentencing laws vary by state, but penalties can still be harsh, even for first time offenders. At the very least, your driver’s license can be suspended and your car insurance rates will rise significantly.

Myth 3: It doesn’t matter where my DUI defense attorney usually works.

Local DUI defense attorneys will be more familiar with the specific workings of the courthouse where your case will be handled. They’ll also be more likely to know the local prosecutor that will be working your case, and may be aware of how certain local police officers perform in court.

Myth 4: You can’t get a DWI if you’re just sitting in the car while intoxicated.

If your parked with your car keys are in the ignition and are drunk, you can get arrested for drunk driving. Even if you’re sleeping in the backseat with the car running for heat, you can still technically be charged with a DWI. 

Myth 5: DUI lawyers force plea bargains to avoid trial.

It’s important to choose a DUI lawyer that shows a genuine desire to help you. It’s their legal obligation as your representative to fight for the best possible outcome for you. An experienced lawyer should never force their client to settle out of court.

Myth 6: You only need a DUI lawyer if it’s your second offense or if someone else was injured.

Even your first DUI charge is serious, with legal repercussions that can be felt long into your future. At the very least, consult a DUI defense attorney in order to better understand the details of your case. 

Myth 7: Your blood alcohol level has to be over 0.08% in order to be charged with a DUI.

Even if you blow under the legal limit, all an officer needs is probable cause in order to arrest you on scene. This includes any indication of illegal drug use. 

Myth 8: Police have to tell the truth.

In a perfect world, your local police would be truthful all the time. Dishonesty exists in every profession, however, and it’s important to be aware of how facts can be construed on the night of the arrest. 

Myth 9: It’s better to lie to the police if you know that you’ve had too much to drink.

If you think there’s a chance that you’re over the legal limit, rather than lie about it, say nothing. Refuse to answer questions. What you don’t say can’t be used against you in a court of law.  

Myth 10: Breathalyzer results can be overturned in court.

While unique circumstances do exist, as long as the Breathalyzer was administered to you within a certain amount of time after your arrest, its results can be used in court.

Myth 11: You can’t refuse a Breathalyzer or field sobriety test.

You always have the right to refuse either. If you have any reason to suspect that you might do poorly on either of these tests it’s within your best interest to decline. The field sobriety test is designed to work against you. Taking either test at best does nothing to help you and at worst provides damaging evidence. 

CEGA Criminal Law Las Vegas

At CEGA Criminal Law, we are aggressive motivated DUI/DWI defense attorneys committed to superior representation of our clients. Carl E.G. Arnold was recently voted Top 10 Criminal Defense Trial Attorney in Las Vegas for 2016 and a Top 100 Trial Attorney in the Nation. Contact CEGA Criminal Law today for a free consultation with an experienced DUI lawyer in Las Vegas.

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