DUI Attorney in Sacramento Explains Common DUI Myths
There are a lot of misconceptions regarding DUI laws in the state of California. It is important to take everything a friend or acquaintance tells you about DUI laws with a hint of skepticism and contact a DUI attorney in Sacramento instead. It’s very important to understand the actual laws and policies so you can protect yourself if you’re in the unfortunate circumstance where these rules are relevant. Below this article aims to clear up some common misconceptions or myths about getting a DUI in California.
If I don’t take the test, I can’t be convicted
This is a very common myth. Many people think that a court must have the results of a breathalyzer test in order to convict someone of a DUI. The fact is that a lot of the evidence that is considered for a DUI conviction is the arresting officer’s observations. Their observations occur in a series such as what is outlined below:
- The officer observes a pattern of driver than suggests intoxication
- The officer conducts a traffic stop and observes objective symptoms of alcohol consumption, such as: slow or slurred speech, alcoholic odor and/or bloodshot or watery eyes
- The driver will be asked to step out of the car where further observations are made: unsteady gait and inability to stand without leaning or falling over
- Questions regarding alcohol consumption will be asked. Admitting to drinking any alcohol can hurt the driver in a DUI case.
- A field sobriety test will be issued. – this tests the coordination of the person, which can be used as evidence.
Because of the many observational tests listed above, refusing a breathalyzer test does not protect an individual from being charged with a DUI. Drivers under 21 are required by California law to provide a breathalyzer when pulled over within state lines. Drivers are technically permitted to refuse a breathalyzer, but this refusal may result in severe penalties against that individual’s driver’s license and may increase jail time. If you refused to take the breathalyzer test and are convicted of a DUI charge, make sure you contact a DUI attorney in Sacramento for legal help.
Blowing a .08 prevents arrest
Though the legal limit for drivers with a normal license is .08, an individual can still be charged with a DUI if:
- The police officer claims you are on drugs
- An alcohol blood test places your BAC at .08 or higher
- The police officer claims your driving was impaired
I’m good at field sobriety tests, so I won’t be arrested
Though sobriety tests are often given before a breathalyzer is administered, passing a sobriety test will not necessarily prevent a breathalyzer or blood test. Field sobriety test are not legally required and officers understand they are unreliable and can be failed by sober people or passed by drunk people.
Many people think they did well on their field sobriety test or are told so by the police officer, making them believe they are not in trouble. If the field test ended with the driver being put under arrest, it is unlikely the arrest report will reflect a passing score. Even if the driver actually did very well on the field sobriety test, if the officer ended up making an arrest, he or she would not want to report that the person did well in the field sobriety test and was arrested anyway. Even if the officer were to report a good score, if a driver blows a .08 or higher on the breathalyzer, it’s not going to matter.
The cop’s behavior makes me confident I won’t be prosecuted
When a police officer behaves very rudely or offends a driver, that individual may believe their case will be thrown out due to police misconduct. Unfortunately, this is not true for several reasons. Primarily, it will be a case of one individual’s word against that of a police officer. Though police do have cameras in their vehicles, it is unlikely that the video will record the interaction, much less the conversation. Police cameras do not move to follow the action while a police officer will often ask a driver to step onto the sidewalk when sobriety tests are conducted. Furthermore, the court just does not particularly care that a potentially drunk driver felt offended by the police officer. No one will throw out a case because a police officer was behaving rudely. If you feel a police officer acted inappropriately, make sure to contact a DUI attorney in Sacramento for legal advice.
When a police officer is very friendly and polite throughout the process, it really does not matter when the interaction ends with an arrest. Police behave politely in order to subdue the driver and make things easier for themselves. Police do not enjoy interacting with combative individuals. When a police officer arrests you, it doesn’t matter if they were the nicest person in the world – you still have to hire a lawyer and fight DUI charges.
I don’t need a lawyer
Personal research and friendly advice simply can not compensate for a law degree. DUI attorneys will always be more capable of navigating the judicial system. The process of fighting a DUI charge is more than just knowing the relevant laws – it’s about having the experience makes it possible to hold one’s own in a court of law. Having an experienced and motivated DUI attorney in Sacramento is absolutely indispensable when fighting a DUI charge.
DUI Attorney in Sacramento Debunks Common DUI Myths
There are a lot of variables in DUI convictions and it’s important you speak to a skilled DUI attorney in Sacramento who can help represent you in your legal case. The Law Offices of Alin Cintean knows just what you need to do in case you are arrested with a DUI charge. Give us a call at (916) 441-3500 for a free consultation.