woman blowing into breathalyzer and officer looking at her license next to her

4 Common DUI Myths

There are many intricacies of DUI laws that people are unaware of or misinformed about. We’ve put together this list of common myths so you know exactly what you can expect when it comes to DUI.

1. “I can’t get a DUI if I’m below the legal limit.”

Many people think that DUI charges can only be given to people who test above the legal limit. After all, isn’t that why there is a legal limit in the first place? However, it’s important to know that this is not how it works. You can still be charged with DUI if police officers can prove that alcohol impaired your ability to drive, even if you were below the legal limit.

2. “I can only be charged with DUI when the car is in motion.”

This is also not true. While you may assume a driving under the influence charge can only be given when you’re driving, you can actually get a DUI even if your car is parked. For example, if you’re sleeping in your car with the key in the ignition, you can be charged with DUI. You may also be charged with DUI if police officers believe you recently drove under the influence, even if the arrest doesn’t occur until after the fact.

3. “I’m required to participate in sobriety tests.”

Yes and no. Under implied consent laws, you must take chemical tests when asked by the police. The most commonly used chemical test is a breathalyzer test. Refusing to do this will result in license suspension. However, field sobriety tests are not required under implied consent laws.
These are the:

  • One-Leg Stand Test
  • Walk and Turn Test
  • Horizontal Gaze Nystagmus Test

You face no additional penalties for refusing to take field sobriety tests, and you should always refuse.

4. “Breathalyzers are always accurate.”

The results from breathalyzer tests are often regarded as fact. However, they shouldn’t be.

Surprising things that can influence BAC scores include:

  • Medical conditions, like diabetes or chronic reflux
  • Diets, a high protein diet or fasting can affect alcohol readings
  • Device calibration
  • Improper test administration

Any of these factors could come into play and lead to a ‘false positive’ BAC score.

South Carolina DUI Defense

Attorney Joe Good focuses exclusively on DUI practice, giving him an in-depth knowledge of DUI law that many other defense attorneys don’t have. If you are facing DUI charges, contact Joe Good, Attorney at Law today to get started on your defense with the best.