Driving under the influence (DUI) is a serious offense that can have severe consequences, both legally and personally. Unfortunately, there are many myths and misconceptions surrounding DUIs in Oregon, which can lead to confusion and misguided beliefs. As a follow up to our original blog, we would like to address 6 more common DUI myths to help you understand the legal implications and make informed decisions.
Myth 1: “I can refuse a breathalyzer test without consequences.”
Fact: Oregon has an implied consent law, which means that by obtaining a driver’s license, you implicitly agree to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusing to take a breathalyzer test can result in a lengthy driver’s license suspension and other potential penalties. However, it’s important to consult with a specialized DUI attorney so they can provide guidance specific to your situation.
Myth 2: “I can avoid a DUI by sleeping it off in my car.”
Fact: While it’s important to prioritize safety and not drive under the influence, sleeping in your car while intoxicated can still result in a DUI arrest. If you have the ability to operate the vehicle, even if you’re not actively driving, you may still be considered in physical control of the vehicle and subject to DUI charges.
Myth 3: “I can’t be charged with a DUI if I’m under the legal drinking age.”
Fact: In Oregon, the legal drinking age is 21, but individuals under the legal drinking age can still be charged with a DUI. For drivers under 21, a BAC of 0.02% or higher can lead to a DUI arrest, and stricter penalties may apply for underage DUI offenses.
Myth 4: “I can rely on home remedies or tricks to fool a breathalyzer test.”
Fact: Home remedies, such as consuming breath mints, chewing gum, or drinking coffee, will not alter the results of a breathalyzer test. Breathalyzer devices are designed to detect alcohol levels accurately, and attempting to trick the test could lead to additional legal consequences.
Myth 5: “I can’t be charged with a DUI if I was not driving the vehicle.”
Fact: In Oregon, you can still be charged with a DUI if you were in physical control of the vehicle, even if you were not actively driving it. If you have the ability to operate or control the vehicle, you may be subject to DUI charges.
Myth 6: “I can talk my way out of a DUI with the arresting officer.”
Fact: While it’s essential to remain respectful and cooperative during a DUI stop, attempting to talk your way out of a DUI with the arresting officer is unlikely to be successful. Statements made during this time can be used as evidence against you. It’s generally recommended to exercise your right to remain silent and consult with an experienced attorney.
If you’ve been arrested for DUI, call Reynolds Defense Firm
If you or a loved one has been arrested for DUI (DUII) it’s important to make sure you have accurate information and talk to a qualified attorney who specializes in DUI law. The Reynolds Defense Firm team can give you personalized advice based on your specific situation and we work hard to get the best outcome possible, for you and your family. It’s important to understand the real-life consequences of a DUI conviction. You absolutely want to take the situation seriously, get legal help, and take action to deal with how it could affect different parts of your life. By doing this, you can navigate the legal process better and try to reduce the long-term impact of a DUI conviction.