Three Misleading Myths About DUI Charges

Posted on: 28 November 2016

Driving under the influence of alcohol can be a serious mistake to make. In addition to placing you at extreme risk of being in an accident, you may also be susceptible to being arrested. In order for a driver to protect themselves against the risks of driving under the influence, learning about some common myths may be essential.

Myth: You Must Actually Be Driving To Be Arrested For A DUI

There are many individuals that assume they can only be arrested for a DUI if they are actually driving. However, this is not the case as it may be possible for a police officer to arrest you for the intent of driving under the influence. This can occur if you are sitting in the driver's seat or if the keys are in the ignition of the car. If you are arrested for this, you can face the same charges as if you were driving down the road. For this reason, you should avoid being anywhere near your car after you have been drinking.

Myth: You Must Answer The Police Officer's Questions

When you have been detained by a police officer, they will likely have numerous questions that they will want to ask you. During the moment, it can be intimidating, and you may assume that you will have to answer these questions. However, this can prove to be a grave mistake. In many cases, the police officer will be suspicious that you are intoxicated. As a result, they may carefully word their questions to lull you into a false sense of security. Anything incriminating that you say can be held as evidence against you. If you are not confident in your ability to avoid incriminating yourself, you should avoid answering any questions until your attorney is present.

Myth: Chemical Testing Is Not Required

Chemical tests can be a common way for a police officer to confirm whether or not you are driving over the legal limit. Unfortunately, many people may fail to realize that they have agreed to undertake one of these tests by driving on public roads. Due to this passive consent, you can face stiff penalties for refusing one of these tests. This can include having your license revoked for up to a year as well as being forced to pay expensive fines. Sadly, these consequences can be automatic for refusing these tests, and there will be little that your attorney can do to overturn these penalties. Therefore, you may be best served to submit to this testing and allow your attorney to contest the results. If you are looking for an attorney, consider a firm like Winstein, Kavensky & Cunningham, LLC.