Top 5 Myths of DUI
With so much bad information out there about DUIs and how to deal with them, I thought this quick top 5 list would come in handy. These are the top 5 myths my clients tell me that they hear from friends or relatives on how to handle DUIs here in Tacoma and Pierce County.
Top 5 DUI Myths:
1) I blew in the field so I don’t have to blow at the station.
People get this one wrong all the time. The breath test on the side of the road is a Portable Breath Test (PBT). Its only purpose is to help the officer establish enough facts to arrest you for DUI. The results of the PBT are inadmissible in court and there is no consequence for refusing it.
The breath test at the station is the one that is introduced as evidence in court. It is this breath test that will affect whether you are charged with a DUI and whether your license is suspended. Refusing this breath test will cause your license to be suspended for at least one year and could result in a harsher punishment if you are convicted of DUI.
2) I was always told I should refuse.
You may have been told this, but a DUI attorney didn’t tell you. Refusing the breath test will result in at least a one-year license suspension and harsher penalties upon a conviction. Additionally, a prosecutor will be able to argue that the reason you refused was because you know you would fail the breath test. If you care about your license, don’t refuse the breath test. Refuse the PBT all day everyday, but not the breath test back at the station.
3) I had to do the Field Sobriety Tests.
The police may make it seem that you have to do the field sobriety tests, but the tests are voluntary. Field sobriety tests are not designed for you to pass. They are designed to give the police an excuse to arrest you. You cannot be arrested for refusing the field sobriety tests. If you are arrested after refusing, then that means the officer already had their mind made up and it didn’t matter how you performed on the field sobriety tests. Don’t help them build a case against you.
4) I did everything the Police office told me to do.
Its advisable to be polite and courteous to the police, but that doesn’t mean you do everything they ask of you. You have a right to remain silent and to refuse the field tests. Politely invoke those rights and refuse to help the police build a case against you. A police officer will not let you go because you cooperated. Don’t be a jerk though. Again be polite and courteous but invoke your rights.
5) Answer all of the Officer questions.
You have a right to remain silent. Use it. Don’t help the police charge you with DUI. You can be polite, but still remain silent.
DUIs are complicated cases that have far reaching effects. Don’t put your hands in a “friend” or “uncle” how had one. Put your case in the hands of a trusted professional who deals with these problems for a living. If you or somebody you know has a DUI in Tacoma or Pierce County give the Law Offices of Scott Moriarity a call to set up a free consultation.