Featured News 2013 Common DUI Myths and Their Truths

Common DUI Myths and Their Truths

Being arrested for a DUI can be a devastating a life altering experience and that is no myth. Yet there are plenty of misconceptions about DUIs, how you receive this charge, and different activities that may merit you a DUI arrest or keep you from being arrested. Here are a few of the common myths that you should be aware of when you are dealing with DUI cases or working through your own case.

First of all, it is a myth that "alcohol on the breath" is a reasonable and reliable way to charge someone with a DUI. If you were charged with a DUI because an officer "smelled your breath" and you reeked of alcohol, they cannot rightfully arrest you on this premise. Maybe someone poured beer all over you, but you never consumed the drink. You also may have had a drink that smells like alcohol but has no alcoholic content at all. Alcohol is actually odorless, and the scent of alcoholic beer and non-alcoholic beer is almost the same. Researchers have determined that odor strength estimates are not normally accurate as to the person's correct BAC level, and therefore this method of assessing drunkenness is unreliable.

Another myth that many people believe is that sucking on pennies will lower a person's BAC reading. If you are planning on placing some copper in your mouth as the police approach, you will earn that this is a pointless (and unhygienic) action. Sucking on pennies has no effect on a person's BAC at all, so spare yourself the effort of putting germ-covered money in your mouth.

Another myth in the world of DUI convictions is the commonly believed fact thatfield sobriety tests are an accurate way to assess a person's alcohol consumption. Field sobriety tests are commonly administered when the police pull a suspect over, but many people aren't aware of the fact that they are not required to cooperate with these tests. They can actually be a very inaccurate representation of a person's BAC. This is because some people may have a more difficult time completing sobriety tests regardless of whether or not they are intoxicated.

Clemson University once completed a study showing police officers videotapes of individuals that took six common sobriety tests. The officers were required to ask whether or not the suspects were too intoxicated to drive illegally. In every single video, the subjects had not had anything to drink, but the officers declared that 46% of all the individuals were too drunk to drive. This study proves that officers should never rely on the results of a field sobriety test to charge a person with a DUI.

As well, it is a myth that all breathalyzer tests are accurate. In fact, there are many times that the breathalyzer tests are incorrect. The tests often lack precision, and a person with a BAC of 0.08% can often read anywhere from 0.07% to 0.09% on the machine. The margin of error in the tests rests at about 20 to 30%.

Also, it is a myth that law enforcement officers can't influence the reading of a breath-testing machine. In fact, a law professor from the University of Washington recently proved that the pattern of breathing during a BAC test can significantly change the reading on the machine. The second part of a breath will carry a much greater alcohol concentration than the first part of a breath will.

A person who is given a BAC where only the first part of the breath is measured may have a BAC of 0.09% and the same person may read a 0.14% if the second part of the breath is used. If you want more information about DUIs or want to challenge a police officer or court representative who has tried to fool you with these myths, then you need to talk to an attorney at a local DUI defense firm today for more information!

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