DUI Myths Debunked

Criminal Defense Attorneys Serving Fairfax, Leesburg & Manassas, Virginia

Posted: October 28, 2020
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Police officer evaluates a suspected drunk driver

Getting pulled over for a DUI is one of the most stressful events in many of our clients’ lives. Unfortunately, there are a number of misconceptions surrounding DUIs that can further complicate the experience. It can be difficult to know your rights and what you should or shouldn’t do after a DUI arrest.

If you’ve been pulled over for suspicion of a DUI, beware of these common myths.

Myth 1: I Can Only Be Arrested for DUI If My BAC is 0.08 Percent or More

Fact: The legal limit for intoxication in Virginia is generally 0.08 percent. However, it is still possible to be charged with a DUI with a lower BAC. You only need to have a BAC of 0.02 percent to be charged with a DUI if you are under the legal drinking age of 21. Additionally, while the presence of drugs will not be indicated in your BAC, you can still be charged with drugged driving.

Myth 2: If I’m Pulled Over for Suspicion of DUI, I Must Submit to a Roadside Breath Test or a Field Sobriety Test

Fact: Portable breath tests (PBTs) are given on the side of the road to detect the presence of alcohol and give the officer a reason to arrest you. You do not have to agree to this test, although you may – and likely will - still be arrested if you refuse.

Similarly, you do not have to submit to a Standardized Field Sobriety Test. This test was developed by the National Highway Traffic Safety Administration (NHTSA) to give police probable cause for DUI arrests.

While refusing these tests may not prevent you from being arrested and charged with a DUI, the arresting officer will not have the evidence of a failed field sobriety test or breath test to support the charge against you in court.

Myth 3: My Choice of DUI Lawyer Isn’t Important – Any Will Do

Fact: This could be the most regrettable myth of all. Following an arrest for DUI, your choice of legal representation will be the single most important decision you make. You need a seasoned DUI lawyer who has extensive experience defending clients in Virginia, and a proven track record of success you can trust.

Over the past five years, the experienced DUI lawyers at The Gordon Law Firm have represented hundreds of clients with various types of DUI charges, and helped an astounding 70% of those avoid conviction. We understand the complexities of Virginia’s DUI laws and we know how to build a strong case on your behalf.

Contact Our Virginia DUI Lawyers Today

If you’re facing a DUI charge in Virginia, contact The Gordon Law Firm today online or at 703-218-8416 to discuss your case for free with our experienced DUI lawyer. We serve clients in Fairfax County, Loudoun County, Arlington County, and Prince William County in Virginia.

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