Being arrested for DUI can be overwhelming, and it’s easy to get confused by the amount of misinformation circulating around this topic. Many people rely on advice from friends, family, or online resources, which can often be inaccurate.
To help clear up some confusion, here are five common myths about DUI cases and the facts behind them. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation with a DUI defense attorney.
Myth 1: You Must Perform Field Sobriety Tests if Asked
Reality: You are not required to perform field sobriety tests (FSTs), and in most cases, it’s advisable to decline. These tests are highly subjective and are designed in ways that can easily lead to failure, even for sober individuals. Field sobriety tests have not been scientifically proven to accurately determine alcohol impairment. Police officers may rely on these tests, but studies show that they often struggle to accurately predict intoxication based solely on the results of FSTs.
If you’re pulled over and asked to perform field sobriety tests, you can politely refuse. There are no legal consequences for declining these tests, and doing so could help protect your rights later on.
Myth 2: Police Must Always Read You Your Miranda Rights
Reality: Contrary to popular belief, police officers do not have to read you your Miranda rights during every DUI investigation. Miranda rights are only required if (1) you are in custody and (2) the officers are questioning you in a way that is likely to elicit incriminating information after placing you in custody.
For example, questions asked during the initial DUI stop, such as “How much have you had to drink?” or “When did you last eat?” are considered part of the investigative process and do not require Miranda warnings. Additionally, if you are arrested and the officers do not ask further questions, there is no requirement for them to read your rights.
Myth 3: Breathalyzers and Blood Tests Are Always Accurate
Reality: Breathalyzers and blood tests, while based on sophisticated technology, are not foolproof. There are many factors that can affect the accuracy of these tests, including improper calibration of the devices, chain of custody errors, and sample contamination. An experienced DUI attorney from Chambers Law Firm can examine these potential issues in your case to challenge the accuracy of your test results.
Errors with these tests can lead to a reduction in charges or even a complete dismissal. It’s important to remember that just because a machine shows a certain result doesn’t mean that result is unchallengeable.
Myth 4: You Can’t Fight a DMV License Suspension
Reality: You absolutely can fight a DMV license suspension, but you must act quickly. After a DUI arrest, you only have 10 days to request an administrative hearing with the DMV. If you don’t request this hearing, your license will be automatically suspended.
With the help of an attorney from Chambers Law Firm, you can challenge the suspension by questioning the evidence presented by the DMV, subpoenaing the arresting officer, and reviewing all relevant documents. The DMV hearing officer serves as both prosecutor and judge, which is why it’s crucial to have a lawyer on your side to level the playing field.
Myth 5: You Have to Take the Breath Test at the Scene
Reality: Many people mistakenly believe that they are required to take a breath test at the scene of a DUI stop. However, this is not true. The breath test administered at the scene is known as a Preliminary Alcohol Screening (PAS) test, and unless you are under 21 or already on probation for a previous DUI, you can decline to take this test.
However, once you are taken to the police station or jail, you are required by law to take a formal breath or blood test. Refusing to take this test can lead to harsher penalties, including a longer license suspension and increased fines.
Contact Chambers Law Firm to Protect Your Rights
DUI cases are complex, and there are many myths that can mislead you during this challenging time. If you’ve been arrested for DUI, it’s essential to seek professional legal advice to ensure your rights are protected. Contact Chambers Law Firm at 714-760-4088 today to schedule a consultation and get the guidance you need to navigate your case effectively.
