Being Baltimore DUI lawyers we often get drawn into conversations at lunch, parties or other social occasions. They usually revolve around several different DUI myths that have formed in the general public. Who knows why these myths are out there, but here it is, your Baltimore DUI lawyer top 5 DUI myths debunked!
5. A penny in the mouth will fool the breath test
Part true/part myth – Police officers and/or lab technicians who are administering a DUI breath test are supposed to check your mouth for objects and watch you for 20 minutes prior to the administration of the test to ensure you don’t have any mouth alcohol. A penny could create mouth alcohol, which could result in a faulty BAC reading…but practically speaking it is unlikely because if the officer fails to check for such things, the breath test will be thrown out as faulty.
4. Police must read me Miranda rights for a DUI
MYTH –There is no requirement that you are read your Miranda Rights for a Baltimore DUI arrest. They do, however, need to read you what is called your DR-15 rights.
It has some similarities to Miranda, but is more involved and particularly confusing to a drunk person. IF they fail to correctly read & advise you of your DR-15 rights, it is grounds to have the breath test suppressed.
3. I only had 2 drinks, I cannot blow over a .08
MYTH – breath results for a Baltimore DUI are a function of alcohol, metabolism, and body weight. It is entirely possible to blow over a .08 with just two drinks if any of the following are true:
- You are a small/petite person
- You are taking medications such as blood thinners, like Cumadin
- You have an extremely slow metabolism and cannot eliminate alcohol from your system normally.
- You’ve taken other types of medication, such as cough syrup.
2. If I don’t blow, I cannot get convicted of a Baltimore DUI
MYTH – Submitting to a breath test in a Baltimore DUI case only gives the state additional evidence. Based upon our experience, once you are at the station, you are getting charged with a DUI, whether you submit to the breath test or not. Officers will try to convict you with their observations of your driving, your behavior, your smell (think booze, not sweat socks), and your results on SFST‘s (standardized field sobriety tests) to make their case.
That is why we tell clients to be POLITE, but to kindly decline to perform SFST’s. But that leads us to the next myth…
1. NEVER submit to a breath test
MYTH. We wrote about this situation quite some time back with this article on “to blow or not to blow.” The rule of thumb is if you are highly intoxicated, you should probably refuse. If you are only slightly buzzed, you should probably blow. Why? Courts and the MVA usually have lesser sanctions for breath results between .08 and .15 and you are more likely to keep your license intact. Of course, if you this is a repeat offense for Baltimore DUI, you should probably decline as well. Finally, you need to be able to know your own drinking habits to discern between being “only a little buzzed” or completely “wasted.” This is a difficult thing to do when you’ve been drinking, and of course is only a “guide” –
Baltimore DUI lawyer: Bottom line
Every situation is a bit different, just like every client is different. Don’t leave your case up to myths and legends, but instead leave your case in the hands of experienced Baltimore DUI lawyers. Contact us for a consultation for your Baltimore DUI.
