Myth No. 1 – Alcohol on breath is a reliable sign of alcohol intoxication. Alcohol is actually odorless. What officers perceive as alcohol on breath is actually an odor of the beverage. For example, a person who will drink a non-alcoholic margarita or beer, will have the same smell on his or her breath as a person who drank an alcoholic beverage of the same kind.
Myth No. 2 – Breathalyzers and other breath tests are accurate. Actually, without proper maintenance these devices can show a misreading unto 20% higher than your actual blood alcohol level. Anything from mouthwash, to chewing gun, mints and energy drinks may affect the blood alcohol content or BAC reading of the devise.
Myth No. 3 – Police officers cannot influence BAC reading. The alcohol concentration changes considerably during breathing. The last part of the breath can contain over 50% above the actual BAC. Peace officers know this, that is why they tell you to blow harder for a long period of time. That way they get the last part of the breath containing a higher BAC.
Myth No. 4 – If I want to challenge by DUI charge I am going to have to take it to trial. In reality less than 10% of DUI cases actually end up in trial with a jury present. The prosecutor has a ton of work and is willing to negotiate a plea bargain, that will make his job easier. However they know you do not know the law and will not offer you anything worth taking. An aggressive representation can get you a plan of action which will result in a lesser sentence, less fines, less headache.
Myth No. 5 – I drank, I drove, therefore I am guilty. Drinking and driving is not against the law. Drunk driving is. The State of California defines drunk driving when you BAC is .08 or above. If you are over 21 and your blood alcohol level is below .08, you committed no crime.
Myth No. 6 – A lawyer cannot help me, they only charge money. Quite to the contrary. Having knowledgeable, experienced and aggressive representation can reduce your sentence and minimize exposure. When hiring a Sacramento California DUI attorney there should be no hidden fees. Even if it is a flat fee contract read it slowly and carefully and make sure you understand every part of what you are signing.
To protect your rights and improve your chances of obtaining a favorable outcome for your case, it is important to discuss your case with an experienced DUI attorney.