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Less Than Common DUI Facts

Less Than Common DUI Facts

By on Dec 16, 2013 in Blog, DUI Blogs | 0 comments

Phil Clark - DUI FactsSadly people often do not understand the law or perhaps worst yet, they may simply misunderstand it. The reason misunderstanding is may be worse is that when you believe you know something, you will not question it again. Whereas you may still remain cautious if you know you don’t know.

When it comes to drinking and driving, it should be understood that throughout the U.S there is a no tolerance policy in place. Which means so long as you know that much, you’ll be better off. But where the trouble begins is people are allowed to have some alcohol in their system when driving; you can legally drive with up to a .0499 BAC. A DWAI starts at .05 BAC and DUIs can be issued at .08 and over. Knowing this, many people will attempt to push the limit. The problem being that they don’t know where that limit presides. It’s difficult to know what your BAC is without taking a test and as such, people often think themselves to be more sober than they really are.

To complicate things more, people then believe any number of crazy and wacky ideas on how to prevent DUI’s, most of which are simply not true. For the record, the only sure fire way to not receive a DUI is to not drive with any alcohol in your system whatsoever. That said, let’s go over some DUI facts that are less commonly known, but very important.

Working With The Officer

It’s a common mistake to think that if you simply do not coordinate with police officers then they will simply let you go. You should always remain kind and courteous, but remember that if you are not comfortable answering a question, or taking a test, you don’t have to. You have the right to remain silent, and though you can refuse to take a test, it often results in the automatic expulsion of your license for a year, though you will not have a DUI on your record.

Sleeping Through The Night

Don’t think that just because you had a good night sleep you don’t have alcohol in your system the next morning. More people are convicted of a DUI the morning after they’ve been drinking than you would even care to know. Especially if you’ve only received a few hours of rest. There is a reason you feel so terrible and groggy the day after, and initially that feeling is compounded by the fact you’re still somewhat intoxicated. This is especially true if you’ve decided to sleep the night in your car.

Driving Straight and True

It’s believed that police only pull people over that are driving erratically. This is simply not true. They are skeptical of any vehicle driving out of bars or those on major roadways around bars. They have DUI check points, and then of course there are always bystanders who may call in drivers they fear to be drunk As such, you would never know where, when, or why you would be pulled over but the possibility is always there. Don’t think that just because you can stay between the lines you won’t have an encounter.

Your Right to an Attorney

People often believe that they have a right to an attorney before having to speak with the police. However, your right to an attorney only begins once you’ve answered their initial questions and declined to take their tests. You do have the right to remain silent throughout if desired, but an attorney is only required once it appears you are going to be arrested.

Coffee and Water

There is no trick or remedy for sobering up, that works at least, save for time. Your body absorbs the alcohol you drink, it doesn’t simply sit in your stomach intoxicating you. Drinking other liquids does not help force it out of your body either. Water may help the process as you may be dehydrated, but time is the only remedy for sobering up. Not cold showers, caffeine, or food. Nothing save for time, you would be wise to keep that in mind.

Field Sobriety Tests

People believe that you are required by law to take the field sobriety test. However that is not true, no one is required to take a field sobriety test, and beyond that, those tests are not used in court against you as they are not allowed to be. The tests are rather flawed in a few ways, and as such, officers use them as a reference rather than hard evidence against you being drunk. Not taking the test however gives them reason to believe something is fishy.

Milk, Pennies, and Mouthwash

It is wrongly believed that drinking milk, sucking pennies, and using mouthwash can all throw off breathalyzer tests. Milk does not mask it, pennies do no cover it up, and mouthwash will actually give you a higher BAC than you would have had without it. A breathalyzer test measure the amount of alcohol in your blood by measuring the amount being exhaled in your lungs. There is nothing that masks this… at all. So don’t try something ridiculous in an attempt to cover it up. Because it simply will not work.

At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you need help finding your way and have been convicted of a DUI in Boulder Colorado, or are concerned with Drug Offenses, in need of Felony Defense or Misdemeanor Defense, please be sure to contact us immediately. We will hit the ground running to make sure you have the best Boulder Attorney and legal coverage possible!

Phil Clark is a Criminal Defense Attorney for The Clark Law Firm in Boulder, CO. His experience as a senior prosecutor gives him a strong advantage for aggressive criminal defense and those in need of a Boulder DUI attorney. Contact us today for a FREE Consultation.

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