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Common Drunk Driving Myths – an Austin DWI Criminal Defense Lawyer’s Guide

Drivers still hold onto many drunk driving myths. False preconceptions can lead you to drive intoxicated when you thought you were fine or harming your DWI case.

Often drivers who take a risk and get behind the wheel live a charmed life. If you have got away with driving drunk on numerous occasions, you may wrongly come to believe you will never be caught.

top drunk driving myths

Here are some of the most common drunk driving myths.

1 You will be fine if you have two drinks or under

You may beat a breath or blood test if you have only consumed two alcoholic drinks or less, but there’s no guarantee.

Your level of intoxication depends on a wide array of factors including how fast you drank, the time of day, your age, your sex, how strong the drinks you consumed are, whether you have eaten and how hydrated you are.

2 Drinking black coffee will sober you up

Many drivers still believe drinking strong coffee will sober them up fast if they have been drinking alcohol. Coffee may make you feel more alert behind the wheel but it will have no impact on your blood/alcohol content if you are tested. It’s also a myth that mouthwash will help you pass a test, although it may mask the smell of alcohol. These products often contain alcohol. They could potentially elevate a reading.

3 You Can’t Be Charged with a DWI the Day After Drinking

Your level of intoxication will fall if you sleep for several hours but if you drank a large quantity of alcohol, you may still test above the 0.08 legal BAC level the next day. The fact you have not consumed alcohol for hours will make no difference with police if you fail a test.

4 You should deny you drank

If you have consumed alcohol, you should not lie to a police officer and say you did not drink. You could be hit with a charge of obstruction of justice and lying may harm you later in court. However, you should say as little as possible. Do not admit to drinking alcohol but invoke your right to silence and say you want to talk to a criminal defense lawyer.

5 You Should Do Everything a Police Officer Asks

One of the leading drunk driving myths is that you should do everything a police officer asks. Be careful about being over helpful with an officer if you have been stopped after consuming alcohol. Talking too much will get you in trouble. You also have a right to refuse to take field sobriety tests. You have everything to lose and nothing to gain from these. You do have a right to refuse a breath or a blood test, although Texas’ implied consent law means you will face the automatic suspension of your driver’s license for 180 days.

6 Breath Tests Are Always Reliable

You should not assume a breath test reading is 100 percent reliable. This is one of the most common drunk driving myths. Police departments use a wide variety of breathalyzers and some may be malfunctioning or faulty.

Breath tests are not always accurate or consistently applied by police officers. Many different types of breathalyzers are used by Texas law enforcement agencies. These devices are prone to a wide range of problems and malfunctions.

A study more than 10 years ago by the University of Washington indicated breath tests are often unreliable.

Factors like breath temperature, body size, and lung volume can influence results. Officers may not tell you if there is a problem with a breathalyzer. Typically, blood tests are more reliable and if you insist on a blood test rather than a breath test, it’s necessary for a warrant to be obtained. In the added time it will take for a blood test to be carried out by a medical professional, your blood/alcohol level may have fallen.

If you are facing DWI charges, you should contact the law offices of Peek & Toland . There is little time to spare to fight this serious charge and it’s vital to obtain high quality representation.

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