Being involved with the criminal justice system is a highly stressful experience that can have profound and lasting impacts on your life. While many people may assume that they will never be arrested for committing a crime, it can be easy for individuals to make mistakes that can result in their arrest. In particular, driving under the influence can be a common reason for otherwise law abiding people to face arrest.
Myth: You Can Only Be Arrested For DUI If You Have Been Drinking Alcoholic Beverages
While individuals will often be arrested for a DUI after enjoying alcoholic beverages, it is important to note that this is not the only reason that a person may be arrested for this violation. For example, individuals that consume certain types of cough and cold medication may find that they are legally intoxicated. Also, many areas where will have laws that govern intoxicated driving from other substances, such as marijuana or pain medication.
Myth: Your License Will Always Automatically Be Suspended After Your Arrest
When a person is first arrested for a DUI, they will likely assume that there is nothing that they can do to prevent their license from immediately being suspended. However, it is important to note that there is a process in place for suspending licenses, and you may be able to contest this. For example, your attorney may be able to dispute the assertion that you were intoxicated, which can delay the suspension until a guilty verdict has been rendered. Also, it may be possible for your attorney to negotiate for you to retain your license despite a guilty verdict or plea. This can often be done by agreeing to routine drug testing, but it is often reserved for those that would experience unnecessary hardship for losing the ability to drive.
Myth: You Should Always Refuse A Breathalyzer Test
When a person has been pulled over and a breathalyzer is requested, they may assume that declining the breathalyzer test will also be the best option. Yet, states often have strict rules in place that will punish those that refuse to submit to this test. For example, it may be possible for you to forfeit your license for a lengthy period of time if you refuse to take this breathalyzer exam. In order to help you with knowing how you should respond in these situations, you should closely review your state's laws governing the penalties for refusing this test. If you are unable to find this information or are unsure of how to interpret the statute, you can arrange an appointment with an attorney so that they can explain the local laws to you. Speaking with a DUI attorney will help you to be better informed about your rights if you are ever accused of a DUI.