The Hoover Firm, LLC

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Drinking and driving falsehoods lead to loaded lore

| Dec 5, 2019 | Drunk Driving

Police officers arrested you for drinking and driving. You’ve heard plenty of stories about your rights and rules in these situations, but knowing fact from fiction could change how you approach your case.

Pennsylvania state troopers arrest tens of thousands of people suspected of driving under the influence (DUI) every year. If you’re one of those people, make sure you know the law when it comes to DUIs. Understanding common misconceptions could make a big difference as you begin to look at your options.

Consuming conclusions

Every DUI is likely different, but there are some common tall tales that are important to recognize:

  • You weren’t actively driving: You may not be able to get out of a DUI charge because you were in a parked car. If your vehicle is running, you can still get in trouble. Even if you merely intended to sleep off the effects of the alcohol in the comfort of a warm car, an officer may still find it appropriate to charge you.
  • Tests are always accurate: Once the police suspect you of drinking and driving, the tests are likely to come out. If you fail a chemical test, it doesn’t mean the case is closed. Testing suspected offenders comes with a lot of protocols. Missing a step like improperly preparing the site of a blood test or incorrect breath test calibration could all work in your favor.
  • Give up when charged: Even if your chemical test shows you over the legal limit, there is usually still cause for going to court. A DUI is a serious charge, and simply accepting what the court hands you could cost you a lot more in fines and freedom. There are other defenses that could put the validity of your case into question or the judge may offer leniency to non-habitual offenders.

Just because you’re looking at a DUI charge doesn’t mean you shouldn’t question the process. Going along with the state may not be in your best interest, so get to know the real rules behind DUIs.