Common Myths About DUI
If you are caught driving under the influence, there are a number of consequences that can result. You may be facing a mandatory jail term and fines. If it is a second, third or subsequent DUI, you are facing increased penalties. It is important to have the right information because there are a lot of misconceptions about driving under the influence charges. A qualified DUI lawyer in Bucks County, PA can help you clear up those misconceptions and get you the best possible result. Myth: You Can’t Go to Jail for a First Offense Fact: Many people facing first offense DUI charges are facing mandatory incarceration. You are also likely to be facing a mandatory suspension of your driver’s license. There may be diversionary programs you are eligible for, such as ARD, that ensure you will avoid jail time. It’s important to retain proper counsel to ensure you take advantage of favorable programs.
Myth: You Have to Be Behind the Wheel to Get Charged with a DUI Fact: You do not have be behind the wheel to get charged with a DUI. If you were recently behind the wheel, then you can be charged with a DUI. The Commonwealth may prosecute you for a DUI where they can prove you had dominion and control over the vehicle, even if you were not seen behind the wheel. However, a good DUI defense lawyer will know the best way to fight the charges against you. Myth: You Cannot Get Charged if Your BAC is Below 0.08 Fact: The legal intoxication limit is 0.08. However, it is possible for you to get charged even if your BAC is below 0.08. The Commonwealth can prosecute you for a general impairment DUI offense. In such a prosecution, they must prove that you were impaired by the influence of alcohol to a degree that you were incapable of safe driving. An experienced DUI defense lawyer knows how to best attack this type of case. Myth: You Have to Do Everything That An Officer Tells You To Fact: You have rights even if you have been driving under the influence. You are not required to take any field sobriety tests. You have the right to refuse chemical testing, including a blood test. You are not required to say anything at all. In fact, anything you say may be used against you. Myth: You Cannot Get a DUI If You Only Have Two Drinks Fact: This is not necessarily true. There are some beverages that have a higher alcohol content than others. You could possibly pass a test if you drink two alcoholic beverages. However, the only way that you can be sure that you do not get a DUI is to not drink anything at all. If you are charged with a DUI then you need to have the best DUI lawyer in Southampton.
Myth: You Must Stop at a DUI Checkpoint
Fact: You do not have to stop at a DUI checkpoint. You may turn around and/or avoid a checkpoint so long as you do so safely and without any other traffic violation. If you are stopped simply for safely avoiding a DUI checkpoint, that may be grounds for suppression of any subsequent evidence obtained against you.
Myth: You Can’t Get a DUI If You Didn’t Smoke Marijuana That Day
Fact: The Pennsylvania DUI statute does not require that you be under the active ingredient of marijuana to be convicted of DUI. You may be prosecuted for a DUI if you were under the active ingredient or the metabolite of a controlled substance. Marijuana metabolite can remain in your system a significant period of time. A qualified DUI defense lawyer will know whether there was probable cause for a blood draw in your case.