As a San Antonio DWI lawyer, and Austin DWI lawyer, I am often asked questions in social settings about DUI myths. This page will list some of the ones I hear most often. If you have heard some DUI myths that you’d like an answer to, post it on our Facebook page and we will answer it for you. If you are in need of a DWI lawyer Austin, or San Antonio, contact us right now for a free, no obligation case review.
1. Putting a penny in your mouth will beat a DWI breath machine. This is not true. The officer should make sure that you do not have anything in your mouth before you take a breath machine, but placing a penny in your mouth will not help you test under .08 BAC.
2. Breathing through your nose will help you beat a DWI. Some people believe that inhaling through your nose will help you beat a DWI. This simply is not true. The air you exhale still comes from your lungs. Therefore, the machine will measure the air being expelled from your lungs, not the air inhaled through your nose.
3. If you test under .08 BAC on the breath machine you will not be charged with DWI. This is not true. If you test .08 the State is allowed to presume you are intoxicated. You may be charged with DWI without any alcohol in your system at all. For more about how you can be charged with DWI without having consumed any alcohol read our DRE page…
4. Drinking coffee will make you sober. Drinking coffee will not reduce your blood alcohol content. The only thing that will reduce your blood alcohol content is time. It takes your body time to process any alcohol that enters your body. While there are ways to slow down how quickly your body processes alcohol, there is no way to speed up how quickly it does so.
5. If I refuse to give a breath sample the police cannot find out my blood alcohol content. If you refuse to give a breath sample the police may file a warrant application with a judge or magistrate to draw your blood. If the judge issues a warrant for your blood and you still refuse, the police can hold you down and forcibly take your blood against your will. To learn how to handle a blood warrant read this page.
6. I was stopped on private property so cannot be convicted of a DWI. This is simply not true. You can be convicted of DWI regardless of where you operated a vehicle.
7. I wasn’t driving; I was parked. If your vehicle is running you may be convicted of DWI regardless of whether it was actually in motion at the time the police approached you.
8. I was only driving because my passenger was more drunk than me. Sometimes people will drive because they think the other person they are with was too drunk to drive. The law does not allow an exception for the “least intoxicated person.” If you are .08 or higher you will be charged with a DWI regardless of how high your passenger tested.
9. I don’t have a Texas driver’s license so they can’t suspend my driving privileges. This is false. In fact, if you have a license from another state and are charged with a Texas DWI your driving privileges will likely be suspended or revoked in both your home state and Texas. Read our Texas DWI Driver’s License page for more information…
10. The police didn’t read me the Miranda Warning before asking me whether I had been drinking. Read our Field Sobriety Page for more about What to Do If Pulled Over.
If you find yourself in need of a San Antonio DWI lawyer, or Austin DWI lawyer, contact our office for a free, no obligation consultation. We will listen to your side of what happened, and explain to you the challenges and opportunities you have in your case. If you like this DUI myths page, please share it on Facebook or Twitter. Thanks for reading.