Drunk driving allegations can cause many issues for the person accused. Frequently, drivers arrested based on allegations of impairment may feel surprised about their circumstances.
Sometimes, misinformation leads to a false sense of confidence or inappropriate choices while interacting with law enforcement professionals. There are many different myths that circulate about drunk driving charges and police encounters.
The five myths about drunk driving charges listed below may increase the likelihood of people making mistakes that could have a major impact on their future.
1. Being slightly over the limit doesn’t matter
Many drivers who regularly drink convince themselves that they can drive home because they are only close to or slightly over the limit. They might expect officers to give them the benefit of the doubt if they fail a breath test.
However, the state can and usually does prosecute anyone who is at the threshold for their blood alcohol concentration (BAC). Test results of 0.08% or higher are adequate reason for the state to prosecute. Police officers are unlikely to ignore a failed breath test because someone is only over the threshold by a little.
2. Field sobriety tests are mandatory
A surprising number of people exit their vehicles and perform field sobriety tests because they think they have no choice. While there is an implied consent law that requires drivers to submit to chemical testing after an arrest, there are no rules making field sobriety testing mandatory. Drivers have the right to decline testing without consequences.
3. There are ways to trick a breath test
Many drivers think that sucking on a penny or chewing gum can help them beat a breath test. These myths are prevalent, but they have no basis in reality. There is no hack for tricking a chemical test and passing after drinking.
4. Poor driving is necessary for charges
Another common misconception is that test results matter less than performance at the wheel. People who regularly drink may have a tolerance to alcohol.
However, that tolerance does not protect them from prosecution. As previously mentioned, being at or over the legal BAC threshold is enough reason for prosecution. The state does not need proof that someone drove poorly to convict them of drunk driving.
5. A guilty plea is the best option
Many people facing drunk driving charges decide that they want to plead guilty. If they have never faced criminal prosecution before, they may think that their lack of a record might mean that the courts limit the penalties imposed.
Unfortunately, a guilty plea does not protect a driver from criminal consequences. The courts can still hand down penalties that align with state law. The driver also has to deal with the consequences of having a criminal record.
Fighting back against drunk driving charges can be a smart choice. Those who understand myths about drunk driving allegations may limit their chances of arrest and respond better if arrested.