Debunking DUI Myths DUI Myths

Fact: While it’s true that you have the right to refuse a roadside breathalyzer test (PAS test) in California, refusing can have serious consequences. California has an implied consent law, which means that by driving in the state, you have already consented to chemical testing if you are lawfully arrested for DUI. Refusing a chemical test after a lawful arrest can result in automatic suspension of your driver’s license and additional penalties.

Myth 3: “I Can Talk My Way Out of a DUI Arrest.”

Fact: Many individuals believe that they can talk their way out of a DUI arrest by being cooperative or providing excuses to law enforcement officers. However, once an officer has probable cause to suspect DUI, they are unlikely to change their mind based on conversation alone. It’s essential to remain respectful and cooperative during interactions with law enforcement but remember that anything you say can be used against you in court. It’s best to exercise your right to remain silent and contact a DUI attorney as soon as possible.

Myth 4: “Field Sobriety Tests Are Accurate Indicators of Intoxication.”

Fact: Field sobriety tests, such as the walk-and-turn or one-leg stand, are commonly used by law enforcement officers to assess a driver’s coordination and balance. However, these tests are not foolproof and can be influenced by various factors, including weather conditions, medical conditions, and nervousness. Additionally, individuals who are sober may still struggle with these tests due to factors unrelated to intoxication. It’s important to remember that you have the right to refuse field sobriety tests, although refusal may lead to arrest.

Myth 5: “I Don’t Need a Lawyer for a DUI Case; I Can Represent Myself.”

Fact: DUI laws in California are complex, and the legal process can be overwhelming for individuals without legal training. A skilled DUI attorney can help navigate the legal system, challenge evidence, and advocate for your rights effectively. They can also explore potential defenses and negotiate with prosecutors to achieve the best possible outcome in your case. Attempting to represent yourself in a DUI case can be risky and may result in harsher penalties.

Don’t let misinformation cloud your judgment if you’re facing a DUI charge in Pomona. By separating fact from fiction and seeking guidance from a knowledgeable DUI attorney like David Canty, you can protect your rights and work towards a favorable resolution in your case. Remember, the consequences of a DUI conviction can be severe, but with the right legal representation, you can mitigate the impact and move forward with confidence. If you or someone you know is facing DUI charges in Pomona, don’t hesitate to reach out to me for assistance.