COMMON DUI MYTHS
Nov. 15, 2021
In California, driving a motor vehicle while under the influence of alcohol or drugs is a serious offense that is often punished severely. Misleading information, false assumptions, and myths surround California DUI cases. As a result, an alleged defendant could easily suffer devastating consequences without proper guidance or reliable representation.
Attorney Josh S. Brownstein is committed to offering experienced legal guidance and vigorous representation to individuals in their DUI cases. As a knowledgeable California criminal defense attorney, he can evaluate and investigate the surrounding circumstances of your unique situation and outline a strong defense strategy in pursuit of a favorable outcome for your case. Brownstein Law Group, P.C. proudly serves clients in San Rafael, Marin County, San Francisco, Novato, Petaluma, and throughout California.
DUI Charges in California
Under California DUI laws, it is illegal to drive a vehicle while under the influence of alcohol, drugs, or with a BAC of .08% or greater. The majority of DUI cases in California are prosecuted as misdemeanors. However, depending on the surrounding circumstances – prior DUI convictions or injuring someone – the offense may be charged as a felony. A person convicted of a DUI charge may be facing jail time, massive fines, probation, license suspension or revocation, DUI school, mandatory IID, and other life-long consequences.
Common Myths and Facts About DUI Charges
Unfortunately, there are numerous collective popular notions surrounding DUI cases in the state of California. Many people facing drunk driving allegations are wrongly informed about the facts, and this often leads to serious ramifications.
Being able to differentiate facts from fiction and having an idea of what to expect can help mitigate possible complications and make your DUI case feel more manageable. Below are some common myths about DUIs in California and why they are not true:
Misconception #1: A DUI charge isn't worth fighting.
Fighting your drunk driving charges in California is absolutely worth it. A first drunk driving conviction in the state may result in months spent in county jail, hefty fines, license suspension, and other devastating consequences. Also, the defendant must complete a three-month alcohol education program. The serious nature of these DUI punishments makes it worthwhile to fight your drunk driving allegations.
Misconception #2: You must submit to a field sobriety test.
If you were suspected of driving a motor vehicle while under the influence, a police officer may pull you over and request that you submit to a field sobriety test. In California, a field sobriety test is totally optional. You are within your rights to refuse them without any penalty whatsoever. When refusing to submit to a field sobriety test, ensure that you are firm but polite.
Misconception #3: When arrested for a DUI, I don't have to submit to urine/blood tests.
Unlike a field sobriety test, you must submit to a chemical test — blood, breath, or urine test — in California. If you're pulled over by a law enforcement officer on suspicion of DUI, you are NOT within your rights to refuse to submit to a chemical test. If you refuse, the California DMV will automatically suspend your license.
Misconception #4: A DUI will fall off my record in seven years.
In the state of California, a DUI conviction stays on the offender's driving record for ten years following their arrest. During that period, it cannot be removed from your driving record. Unless it is expunged, the conviction record will remain on the defendant's criminal record forever.
Misconception #5: When stopped, I'm obligated to answer all of the officer's questions.
When stopped by a law enforcement officer, you are not obligated to answer the officer's questions. Be polite, respectful, and non-confrontational. However, avoid answering any question that may serve as potential evidence against you. If you answer all of the officer's questions, you may inadvertently hurt your case.
A DUI conviction in the state of California can jeopardize your reputation, freedom, quality of life, career, and future opportunities. Therefore, if you have been arrested and charged with a DUI and you intend to fight it, you need to hire an aggressive criminal defense attorney immediately to craft your defense strategy.
DUI Attorneys in San Rafael, California
Fighting your impaired driving allegations is always the best option to avoid severe punishment and other life-changing consequences. Unfortunately, defending your drunk driving charges without experienced representation could easily increase your risks of receiving the maximum penalties. Therefore, when accused of driving under the influence, you need to act quickly to retain a highly-skilled criminal defense attorney to advocate for your legal rights and help build your defense.
Brownstein Law Group, P.C. has the experience and resources to defend and represent individuals who have been wrongly accused of drunk driving. Attorney Josh S. Brownstein and his competent legal team can investigate all of the facts of your case, strategize an effective defense, and dispute the accusations against you with factual evidence.
Facing DUI charges can be scary. This is why you should never face them alone. Contact Brownstein Law Group, P.C. today to schedule a simple case assessment with a knowledgeable DUI defense attorney. Attorney Josh S. Brownstein and his legal staff can fight aggressively to defend your rights and represent you vigorously in your DUI case. The firm proudly serves clients in San Rafael, Marin County, San Francisco, Novato, Petaluma, and throughout California.