5 DUI Myths Debunked
Posted By Law Offices of Scott Henry || Nov 14, 2013
If you or a loved one has been arrested for a DUI in Southern California then you have likely been overwhelmed by the amount of information out there. We hope to debunk some of the most common myths about drunk driving cases. While we hope that this information is informative, if you or a loved one has been arrested for a DUI you need to immediately contact an attorney. Contact our offices for a free initial case consultation.
Myth 1 – If you are pulled over you must complete Field Sobriety Tests.
False. If you are over the age of 21 you are not required to complete any Field Sobriety Tests including the Preliminary Alcohol Screening (PAS) test given prior to arrest. However, if you are under 21 or on probation for a DUI the PAS test is mandatory.
Myth 2 – If your blood alcohol level is under .08% you will not be arrested for a DUI or your case will be dismissed.
False. If you are over 21 years old, you can be arrested for violation of Vehicle Code section 23152 (a) driving under the influence of alcohol and/or drugs. Many toxicologists will argue that a person is under the influence of alcohol and therefore impaired to drive at .05%.
Myth 3 – If you win your DMV hearing, the court will not go forward with criminal charges.
False. The court and DMV are separate proceedings that do not impact each other. A success at one does not guarantee success at the other.
Myth 4 – If your blood alcohol level is over .08% there is no reason to fight the charges.
False. This is probably the number one misconception of people. There are many facets to fighting a drunk driving case. Without the help of a knowledgeable attorney, you may not be able to determine the issues that arise in your case.
Myth 5 – Administrative Per Se Hearings through the DMV cannot be won.
False. While DMV hearings are difficult to win, they can be won. An experienced DUI Defense Lawyer will know what arguments to make at the DMV hearing. If you do not request your DMV hearing within 10 days after your arrest, then you will not be able to fight the automatic suspension of your license.
Want more? Contact our offices today.