5 DUI Myths that Could Put You in Jail

Posted on by New Mexico Criminal Law Offices

Experienced Defense Attorney Fighting DUI Charges in New Mexico

breathalyzerThe Internet is a reliable resource for research, but one thing it should never be used for is legal research. While there are some helpful posts out there, most of the research you find on DUIs comes from forums and opinionated writings; not fact or case law.

Sadly, because of the internet’s popularity, many DUI defendants turn to their trusted website or forum for advice when they should consult with an attorney. The myths and incorrect facts online lead to confusion and could result in you going to jail when you could have walked away free.

The DUI laws in New Mexico are complicated, and the consequences of a DUI conviction is dire. Therefore, know the facts before you decide where you want to go with your case.

Refusing a Breathalyzer Means You Cannot be Charged with a DUI

Refusing to take a breathalyzer might mean that your BAC is not measured, but that is not to say you will be free from a DUI or related charges. First, you have the implied consent law. Therefore, if you have a driver’s license and operate a vehicle in the state, you are required to comply with a breathalyzer test. Refusal means an automatic suspension of your driver’s license.

Also, you can still be charged with a DUI and convicted regardless if you have a BAC level on file. Refusing to could justify as evidence against you and considered an admission of guilt.

A DUI is Not a Serious Charge

A DUI charge is extremely dangerous. Do not let the fact that it is a misdemeanor fool you. While you might only face a misdemeanor, that is a serious criminal charge that will affect you for the rest of your life. A DUI will not only result in a license suspension, but you may lose your job, serve time in jail, and must attend court ordered classes until you can get your driver’s license back.

A DUI Does Not Require an Attorney

While the internet offers a surprising amount of information about how to avoid a DUI and why you do not need an attorney, the reality is that without a defense lawyer, you are more likely to face a harsher charge than if you have a lawyer defending your case.

You Must be Driving to be Charged with a DUI

Even if you are sitting in a parked car with the engine running or you have exited your vehicle after driving drunk, you could be arrested and charged with a DUI. The statute states in control or operation of a motor vehicle; therefore, the officer does not have to find you driving or in the act to arrest you.

A Person Can Beat a Breathalyzer Test

It is a common misconception that a person can beat a breathalyzer test by various methods like drinking mouthwash, chewing gum, and surprisingly putting a penny in the mouth. None of these methods work because a breathalyzer not only registers breath alcohol but assesses the amount of alcohol in the blood based on the breath.

Furthermore, a positive breathalyzer could result in an order for blood or urine test, which would further prove that you have alcohol in your system.

Want to Prevent a DUI from Ruining Your Life? You Need an Attorney

If you have been arrested for a DUI, the best thing you can do is speak with a criminal defense attorney. An attorney can help assess your case and defend you in court. Do not assume that a DUI is not a serious conviction. Instead, contact an attorney at New Mexico Criminal Law Offices now by calling 505-375-4664. You can also schedule a free consultation with our team online.