Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

Los Angeles DUI Myths

Los Angeles DUI Attorney

There are many myths surrounding driving under the influence offenses. These stories are told and retold and many people unfortunately come to believe them. This can often lead to DUI charges. It is always important to know the DUI myths that continue to persist in order to avoid falling for them.

Myth #1: Putting A Penny in Your Mouth Will Throw Off the Results of The Breathalyzer Test

Many people have heard that putting a penny or other metal object in their mouth will prevent the Breathalyzer machine or Preliminary Alcohol Screening (“PAS”) device from detecting alcohol on their breath. This myth continues to exist despite the fact that there is absolutely no truth to it. Both the Breathalyzer and PAS device measure deep lung air. To produce a sufficient sample, the test taker must breathe forcefully into the testing device. Nothing placed in the mouth would be able to mask the deep lung air that is ultimately produced and tested.

Myth #2: I Can’t Get A DUI If I Am Driving Perfectly

A law enforcement officer must usually have reasonable cause before he or she can pull a driver over. This means that if the driver is not violating any law and is driving “perfectly,” there would be no grounds to stop the vehicle. One major exception that has become prominent in recent years is the use of DUI checkpoints. These enforcement checkpoints allow law enforcement officers to stop and briefly investigate all vehicles passing through the checkpoint and to look for potential DUI drivers. The California Supreme Court has found that these checkpoint operations are a constitutionally valid law enforcement exercise. This means that a person who is driving “perfectly” could still get arrested for DUI if he or she passes through a checkpoint.

Myth #3: Eating Food or Drinking Coffee Will Help Me Sober Up and Lower My BAC

While eating food or drinking coffee may help someone feel less intoxicated, these acts usually have a very minimal effect on a driver’s BAC level. A person’s BAC can still be very high even when he or she starts to feel sober. Unfortunately, many people get arrested for DUI when they are driving home in the morning after believing that they have “slept off” their intoxication. Measurements differ per individual, however a person’s BAC decreases by approximately 0.01 percent every hour. The amount of alcohol consumed and the time of drinking is critical in knowing the driver’s absorption rate. Drivers should always be careful before assuming that they are sober enough to drive.

Myth #4: I Have To Do Everything the Police Ask of Me during a DUI Stop

Many of those who have been stopped on suspicion of driving under the influence have no prior experience in dealing with law enforcement and may not know what tests can and cannot be legally refused. A driver is under no obligation to make incriminating statements to an officer when asked questions such as “have you been drinking tonight?” or “when was your last drink?” Drivers should not lie but can respond by politely saying “why are you asking me that?” or telling the officer that they are not comfortable discussing the subject.

The officer may ask the driver to complete a series of field sobriety tests. These tests are not mandatory and a driver can legally refuse to participate in the tests. These tests are very difficult to pass even when sober and a driver’s performance on the test may give the officer probable cause to arrest the driver for DUI.

Most drivers are also allowed to refuse to provide a breath sample on the PAS device used in the field. It is important to remember that drivers who are under 21 or who are on probation for DUI cannot legally refuse a PAS test.

If you or a loved one have been arrested for DUI, it is crucial that you speak with a Los Angeles DUI Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Lawyer Michael Kraut can help you sort through the facts and myths surrounding DUI laws and procedures. Mr. Kraut is highly respected throughout the court system as a top-notch DUI litigator.

For more information about Los Angeles DUI myths, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us