Open 24/7 SD: 619-814-5110 | OC: 949-681-7020 | Vista: 760-814-6025

  • Contact

    5 Myths About Getting a California DUI You Should Know

    Posted on: December 28th, 2022 by Dod Law

    California DUI California DUI laws are complex and can be difficult to understand, leaving many people with myths and misconceptions about the legal consequences of driving under the influence. Although many believe that a DUI charge is a minor offense, the truth is that it can have serious and long-term consequences. 

    It’s important to understand the reality of DUI charges in California and know the common myths and misconceptions about them. Whether you’ve been charged with a DUI or are just curious about the potential consequences, Dod Law, APC can help you answer any questions you may have and dispel the myths that are out there. Knowing the facts can help you make informed decisions and prepare you for the potential consequences of a DUI charge.

    Myths About Getting a California DUI

    There are multiple falsehoods about DUI charges in California to be aware of, including:

    Myth #1: You’ll Be Convicted If Your BAC is Above 0.08%

    One of the most popular is that if you blow a 0.08% BAC (blood alcohol concentration) or higher on a breathalyzer test, your DUI case is automatically lost. This is not true, however, as you may still be able to challenge the results of the test and win your case with the help of a knowledgeable DUI attorney.

    Myth #2: You’ll Automatically Lose Your License After a California DUI Arrest

    Another myth is that the DMV will automatically suspend your license after a DUI arrest. While this is true for certain cases, it doesn’t apply to every DUI case and an experienced attorney may be able to help you avoid this penalty.

    Myth #3: Field Sobriety Tests Cannot Be Challenged in a California DUI

    Another common myth includes that field sobriety tests cannot be challenged. This is also not true, as chemical tests like blood and breath tests can be challenged in court on the grounds of accuracy and reliability. Additionally, other factors like improper administration or contamination of the sample can also be used as a defense.

    Myth #4: You Must Take the Field Sobriety Test

    One myth is that if you’re pulled over for a DUI, you must take the field sobriety test. However, you can actually refuse to submit to any tests in the field, but just know there might be consequences to doing so.

    Myth #5: You Can’t Get a Drug DUI for Prescription Medications

    This is a common myth, but you can get a drug DUI even if you have a prescription for your medication. A drug DUI happens when someone’s driving under the influence of prescription medication, over-the-counter drugs, or illegal drugs. Even if you have a valid prescription for your medication, it doesn’t mean that you are immune to receiving a DUI. 

    You could still be charged with impaired driving if your ability to drive safely is affected by the use of your prescribed medication. It’s important to always be aware of how any medications may affect your driving abilities and take measures to avoid getting behind the wheel if there is any risk of impairment.

    Get Specific Advice From a California Legal Expert at Dod Law, APC

    There are many myths about California laws, but ignorance of the law is no excuse. Don’t let yourself be caught in a problem because you don’t know the law. Get advice from a qualified California legal expert. 

    At Dod Law, APC, we can help you learn about your legal options and take action if needed. Our legal team is highly trained in handling DUI cases with our 18 years of experience, and we can help you determine the right course of action based on your situation. Contact Dod Law, APC at (619) 814-5110 or by using our contact form for a free consultation on your case so that you are not left guessing.

    Learn more

    At a Glance

    Meet Attorney Dod Ghassemkhani

    • Recent Case Results
    • San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
    • Award Winning Criminal Defense Attorney
    • The National Trial Lawyers: Top 100 Trial Lawyers
    • Over 20 years of criminal defense experience
    • 10.0 “Superb” Avvo Rating