Driving under the influence (DUI) arrests are a common inspiration for criminal charges. Many people who otherwise never break the law sometimes drive after drinking. They may assume that they are sober enough to get home safely, only to end up stopped by police and facing DUI charges. Many people facing DUI charges make the wrong decisions when responding to those allegations, in part because they fall victim to the misconceptions outlined below.
What inaccurate beliefs do many people have about DUI arrests?
Myth: DUI charges are impossible to fight
Many people accused of impaired driving plead guilty right away. They think they have no opportunity whatsoever to fight the allegations they face. In reality, there are often a variety of potential defense strategies available to DUI defendants. Those who take the time to evaluate their circumstances can sometimes develop a viable defense strategy.
Myth: Breath tests are ironclad evidence
People tend to put a lot of faith in forensic testing. In fact, some people start second-guessing their own memories when they fail a breath test during a traffic stop. The reality is that there are many situations that can cause false positive breath test results. Issues involving the health of the driver, the diet they maintain or the medication they take can all influence the accuracy of breath tests. Police departments can also sometimes fail to properly maintain test units, which can result in inaccurate test outcomes.
Myth: Judges are more lenient on those who plead guilty
Many people plead guilty because they think a judge is more likely to hand down a lenient sentence if they cooperate. In fact, the police officers who arrested them may even say that confessing may improve their chances of receiving lesser punishments. However, without a written plea agreement negotiated with the prosecutor, there is no promise of leniency for entering a guilty plea. Judges can hand down the maximum sentence allowed under the law. They have an obligation to conform to sentencing rules even when the defendant cooperates with the state.
Those hoping to minimize the penalties they face or avoid a conviction often need help responding to pending DUI charges. Fighting charges successfully is possible with the right support and an effective criminal defense strategy.