If you have ever been charged with a driving under the influence offense (DUI), you recognize the fear that tends to set in almost immediately. You imagine all of those worst case scenarios such as losing your license, facing a permanent criminal record, or being treated as guilty no matter what the outcome.
Many people even think hiring a DUI lawyer doesn’t really matter and that the verdict is not going to change. These assumptions are just going to stress you out and they’re often misleading.
Let’s bust some common myths and figure out exactly how a DUI lawyer can help you protect your driving record;
Myth #1: I Blew Over the Limit, There’s Nothing a Lawyer Can Do
This is definitely just something people say to scare you away from reaching out for help. Remember that a breathalyzer test is not flawless. A DUI lawyer will know exactly how they are supposed to challenge the breathalyzer results and figure out whether the test was even administered correctly.
Weaknesses can be unearthed and they usually come in the form of improper calibrations or poor maintenance of the device. For instance, if the machine has not been calibrated according to state standards your lawyer will be able to file a motion to suppress the evidence.
Without a reliable breath test, the entire case may fall apart, or the charges can be reduced at the very least. DUI lawyers can start by poking holes in the so-called “ironclad” evidence.
Myth #2: The Police Report is Untouchable
Even police records are not immune to errors or biases. Officers are human after all. They can exaggerate, misinterpret, or make mistakes during the arrest. A DUI lawyer is going to know how to carefully review the arrest report and find inconsistencies, procedural errors, or violations of your constitutional rights.
For example, if you are pulled over without probable cause, your attorney is going to be able to argue that the stop was illegal. Evidence gathered from that stop including the breath tests or the field sobriety tests will eventually be suppressed and penalties would be reduced or dismissed.
Myth #3: If I Am Charged, I Lose My License
Many people believe that simply being charged with a DUI equals losing their license. That is not true. A DUI lawyer is able to intervene early on in the process and help you request a hearing with the Department of Motor Vehicles (DMV) to contest the suspension.
If you work with skilled DUI lawyers, you’ll be well represented at the hearing, you can challenge the suspension, and you can also negotiate for restricted or conditional licenses if necessary. This allows you to avoid being completely off the road.
Myth #4: It’s Much Easier (And Faster) To Just Plead Guilty
Pleading guilty may seem like the simplest route but it often has the worst long term consequences. You get points on your license, higher insurance premiums, and a permanent mark on your record.
If nothing else, reach out to a DUI lawyer and let them help you weigh out the pros and cons of each option, including plea deals. Sometimes your lawyer can negotiate for reduced charges such as reckless driving or a “wet reckless.” These alternatives have much fewer penalties attached and you get to walk away with a relatively cleaner driving record.
Myth #5: Field Sobriety Tests Can’t be Fought
Those heel-to-toe walks and one-leg stands may feel like the end of the world but they’re not a scientific measure of intoxication. Fatigue, anxiety, medical conditions, or even poor footwear can cause a perfectly sober driver to “fail” these tests.
DUI lawyers know all this and understand how they can challenge these tests in court. By questioning the condition of the test and the officer’s training they can reduce the impact of this evidence against you. Weakening the prosecution’s case is one of the most effective ways to protect your driving record.
Myth #6: Any Lawyer Can Handle a DUI
This is the biggest myth of all since you need a specialized DUI lawyer who knows what they are doing. Criminal defense lawyers who don’t regularly handle DUI cases might miss essential defenses.
An experienced DUI lawyer is going to be familiar with the local judges, prosecutors, and DMV procedures. They know all the arguments that are going to work best in your jurisdiction and how to negotiate when the time is right.
Final Thoughts
DUI charges can be frightening, but they’re not the end of the story. You can keep those driving privileges and avoid the lifetime stain on your record. The myths surrounding DUI cases often make people believe they have no control over the outcomes. However, the right lawyer can defend you well enough in court and make a huge difference.
Let DUI lawyers challenge faulty evidence and help you negotiate reduced charges. Avoid losing hope and giving up too soon as there is always a way forward!
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.