DUI is one of the most commonly committed misdemeanor offenses, and as a result there is a lot of misinformation out there. In this blog, our Los Angeles DUI lawyers discuss five lesser known facts about DUI law. If you’re facing any type of DUI charge, contact our firm today for the tough, aggressive defense you need.
1. Breathalyzer Tests Are Often Beatable
One of the most common myths about DUI cases is that breath BAC tests are always accurate. For starters, this is simply not true – these tests are notoriously inaccurate, and can be influenced by a wide range of relatively minor factors. Furthermore, the results don’t even have to be inaccurate for them to be dismissed as evidence, as long as your attorney can raise enough doubt about the accuracy.
2. You Only Have 10 Days
From the date of your arrest, you only have ten days to challenge your driver’s license suspension. If you fail to request a hearing within that timeframe, you could be dealing with a massive headache and long-term suspension, even if you’re ultimately cleared of any wrongdoing.
3. You’re Required to Take a Chemical BAC Test
Provided you were lawfully arrested for suspicion of DUI, you are legally required to submit to a blood, breath, or urine test. Typically you’ll be able to choose between breath and blood if both options are available. Even if you weren’t arrested, you are still required to take preliminary breath test. If you fail to comply, the officer will generally find other evidence to make an arrest.
4. Prescription Medication Can Lead to a DUI
Many people are aware that illegal drugs like marijuana can lead to a DUI arrest, but you can be arrested for driving under the influence of prescription drugs, too. In fact, the standard of proof is often lower for prosecutors in these cases, as a large part of the case is based on the officer’s testimony that you were driving in a manner consistent with an intoxicated person.
5. You May Be Able to Plead Down
With the help of an experienced Los Angeles DUI attorney, in many cases you can plead down to the lower charge of wet reckless. This is still a serious offense, but the penalties and long-term consequences are far less severe than for a DUI conviction. Of course, this will only be something to pursue if you can’t beat the charges altogether – something that happens more often than you probably think.
Don’t plead guilty to DUI. Contact our firm today for your free case consultation.