Debunking the Myths About DUI Cases

Get the Facts from an Orange County DUI Lawyer

Drunk driving charges are stressful and can be confusing, as there is a great deal of incorrect information about DUIs that many people believe is true.

• Drinking coffee will help you pass a breath test.
  Many people believe that having a cup of coffee before driving can protect them after a night of drinking. Unfortunately, coffee will not help lower a person's BAC and it will not help them pass a breathalyzer test. In fact, the caffeine in coffee can be counterproductive, because when combined with alcohol, the two produce accelerated effects.

• Sucking on a penny or breath mint will fool the breath test.
  These 'tips' are commonly spread, but in reality, they have no effect on a breath test. The small amount of copper coating the penny will not change the amount of alcohol found on your breath and a mint will only mask the odor—not change the results.

• Chemical tests are always an accurate reading of a person's BAC.
  Blood and breath testing methods can be flawed, which can skew a driver's BAC reading. Results of a blood test can be incorrect if the blood sample is improperly stored, if an alcohol swab was used to clean the driver's skin before the sample was collected, if the lab technician does not follow standard regulations, or if the chain of custody for the sample was broken. Breath test results can be incorrect if the machine was improperly calibrated or maintained, if the officer used the machine incorrectly, or if the driver burped or vomited.

• If your BAC was over the legal limit, there is no point in fighting your DUI.
  As described above, there can be many problems with chemical testing that may lead your results to be ruled invalid or tainted. Additionally, there are other strong defenses that can help you challenge the charges. Another thing to consider is that some judges are willing to reduce the charges and penalties against first-time offenders.

• A DUI is just like a traffic ticket— I don't need a lawyer.
  It is crucial to understand that a DUI is not the same as a traffic citation; rather, a DUI is a serious criminal charge. DUI is harshly prosecuted in California; if you choose to fight the charges, you will face a court hearing and a trial. An attorney can ensure your rights are protected, provide you with powerful advocacy, and investigate whether the evidence against you is valid. Your lawyer can also implore the judge to reduce your penalties.

• Officers can pull drivers over at random to see if they are drunk.
  In order to detain you for drunk driving, the officer must have probable cause to stop your vehicle. This means the officer must have a reasonable suspicion that you were DUI or some criminal activity was taking place. This also means that you could be arrested for a DUI even if the officer didn't think you were driving while intoxicated. If the officer stops you for speeding, an obscured license plate, a broken light, or any other routine traffic violation and notices you seem intoxicated, you could be still charged with a DUI.

Arrested? Contact an Orange County DUI attorney!

Gold & Witham provide knowledgeable defense for individuals charged with intoxicated driving throughout Orange County. Our DUI attorneys has more than 40 years of collective experience, and we are dedicated to ensuring our clients' rights are always protected. If you have been charged with drunk driving, it is important to understand which legal options are available to you. We would be proud to represent you at your DMV hearing and advocate for you before the criminal court. Don't leave your trial to chance! Call our team today to protect your legal rights.