Millions of motorists are arrested and charged with DUI each year, and that’s just but a tiny proportion of the actual number said to have driven under the influence. Drunk driving has been the subject of numerous local and state campaigns, public service announcements, and school lessons.
Nevertheless, what most individuals “know” regarding DUIs is inaccurate, starting with the phrase drunk driving. Myths surrounding drunk driving can be dangerous. But given the prevalence of alcohol in American culture, motorists are constantly devising different methods to beat breathalyzers and reach their destination after a night of drinking.
A DUI charge can result in substantial penalties, fines, imprisonment, license suspension or revocation, employment challenges, mandatory treatment or counseling, community service, and elevated insurance premiums. If you’ve been arrested while driving under the influence, it’s in your interest to consult with a seasoned DUI attorney in Aiken, SC.
And with numerous misconceptions regarding DUI offenses, individuals frequently make grave errors before talking to a DUI lawyer. Believing in these falsehoods may undermine your DUI defense and could result in severe repercussions. The more information you possess at the outset, the better.
Our legal team at Johnson, Johnson, Whittle, Lancer, and Staggs are here to set the record straight and debunk some of these misconceptions that may land you in legal trouble. Our experienced DUI defense attorneys can explain these issues in depth and help you determine if they apply to your situation.
Myth #1: You Can’t Get a DUI During the Day
It is possible to receive a DUI during the day. You will be arrested and charged with DUI in Aiken if you operate a vehicle while under the influence of alcohol during the day. Regrettably, some individuals consume alcohol while operating a vehicle. And many of these individuals have been convicted of DUI. DUI laws apply 24/7, regardless of the time of day.
Myth #2: You Have to Be Driving to Be Charged with a DUI
Some individuals presume that they cannot be arrested for a DUI if they are not physically driving. Nevertheless, it is possible to be charged with a DUI even if you were not actively operating a vehicle.
For instance, if you were in command of a vehicle, you could be prosecuted without operating it. The police may apprehend you on the grounds that they suspect you were under the influence of alcohol.
Even if you have not yet inserted the keys in the ignition, the police may apprehend you for DUI if you are intoxicated and enter your vehicle. Additionally, if you are legally intoxicated and are merely sleeping in your vehicle, you may be arrested. For this reason, it is advisable to enlist the services of an experienced Aiken DUI defense attorney.
Myth #3: You Can Beat a Breathalyzer Test with Mouthwash or Breath Mints
This is absolutely false. You cannot beat a breathalyzer test using mouthwash or breath mints. You should note that breath mints and mouthwash contain trace amounts of active constituents, such as alcohol.
Breathalyzer tests are designed to quantify one’s blood alcohol concentration (BAC). This is the reason why the use of mouthwash and breath mints can elevate your blood alcohol concentration. This, in turn, thwarts your DUI defense.
Myth #4: Refusing a Breathalyzer Test Means You Won’t Get a DUI
It is within your rights to decline a breathalyzer test. Nevertheless, declining to submit to a breathalyzer test does not guarantee that you will not be charged with a DUI. The state of South Carolina has an implied consent law.
Therefore, by operating a vehicle, you have consented to a blood alcohol concentration (BAC) test. Your DUI case and defense strategy can be complicated by declining a breathalyzer test. Also, the arresting police officer can charge you with a DUI based on other evidence.
Myth #5: You Can’t Get a DUI if Your BAC is Below 0.08%
This isn’t true. Even if your blood alcohol concentration (BAC) is less than 0.08%, you may still be charged with a DUI. So, you aren’t safe even if you have a BAC of less than 0.08%. Alcohol is an intoxicating substance that impairs your judgment, delays your reaction time, and even diminishes your awareness.
Therefore, the police officers will only need to prove that your ability to operate a vehicle safely was impaired as a result of alcohol consumption. Learning more about South Carolina laws regarding DUIs and impaired driving is the best way to avoid being charged with one.
Myth #6: You Can’t Be Arrested for a DUI on Private Property
You can be placed under arrest and charged with a DUI on private premises. Properties that are accessible to the public are subject to DUI laws. Driving on any road or street while under the influence of alcohol is prohibited by South Carolina’s DUI law.
Therefore, if you are apprehended while operating a vehicle under the influence of alcohol on your own property, you may be arrested and will require the assistance of a seasoned DUI defense attorney to advocate on your behalf.
Myth #7: Only Alcohol Consumption Leads to DUI Charges
Among the most common misconceptions is that DUI offenses are exclusively associated with alcohol consumption. This isn’t true. DUI charges may be brought against you for the use of other intoxicating substances. Drugs, both illegal and prescription, can result in DUI charges according to South Carolina DUI laws.
These medications have the potential to impair your driving ability. The most effective approach to guaranteeing a successful outcome in your DUI case is understanding this fact and being forthright and candid with your defense attorney.
Myth #8: DUI Charges Always Result in Conviction
A conviction isn’t always the outcome of a DUI charge. Numerous individuals have successfully defended themselves against DUI charges in South Carolina. For instance, you can negotiate with the prosecutor and obtain a plea bargain. A plea agreement can decrease your potential prison term and even do away with certain charges.
Furthermore, there are numerous circumstances in which DUI allegations may be dismissed. Having competent legal counsel by your side can assist you in getting your DUI charges dismissed. So, you can defeat those accusations through an effective DUI defense.
Myth #9: Drinking Coffee or Taking a Cold Shower Sobers You Up Quickly
This is also incorrect. You cannot become sober by taking a cold shower or drinking coffee. Cold showers and coffee can make you feel awake and rejuvenated. But they can’t reduce your blood alcohol concentration (BAC). Why? Caffeine does not influence the rate at which the body metabolizes alcohol.
Myth #10: You Don’t Need a Lawyer for a DUI Charge
If you are facing a DUI charge, you will require the expertise of an attorney. DUI laws in South Carolina can be very complex. Depending on the exact circumstances, DUIs can be treated as felonies or misdemeanors, and if you prevent a stricter sentence, you should enlist a seasoned DUI defense lawyer.
An attorney will assist you in obtaining relevant documents, evidence, or witnesses that could help your case and offer the most solid DUI defense. Having robust legal counsel can also alleviate tension and save you money. They are aware of the potential consequences of DUI and the methods to defend against them.
Enlist Knowledgeable and Experienced DUI Defense Legal Team Today!
A DUI allegation is a severe criminal offense. Nevertheless, these misconceptions give inaccurate information that can make individuals underestimate the significance of effective legal representation. The penalties for driving under the influence in South Carolina may include a revoked driver’s license, increased insurance rates, penalty fees, and even imprisonment.
Therefore, if DUI charges are being brought against you, it is crucial that you obtain robust legal representation and an effective DUI defense strategy. JJWLS knows the hurdles associated with contesting a DUI charge in South Carolina.
We can assist you in comprehending your rights and legal alternatives. We will review your case, contest the evidence, and negotiate with prosecutors on your behalf. We can negotiate a plea agreement or have your charges ultimately dismissed.
Contact Johnson, Johnson, Whittle, Lancer, & Staggs today at (803) 649-5338 for a consultation with our experienced DUI defense attorneys.
