Los Angeles DUI Myths

Los Angeles DUI charges often arise from misunderstandings about how alcohol is measured, how law enforcement officers detect impairment, and what rights drivers have on California roads. There are numerous persistent myths that can lead people to make risky decisions or misunderstand their obligations during a traffic stop. Below is a thorough discussion of some of the most prevalent myths, along with accurate, detailed, and legally correct information about DUI laws, California Vehicle Code statutes, jury instructions, and sentencing components in Los Angeles. If you have been charged with a DUI offense, you need an experienced and skilled DUI attorney to help you understand the charges and get the best possible outcome.

Myth: Putting a Penny or Other Metal Object in Your Mouth Will Throw Off a Breathalyzer Test

One of the oldest and most widespread myths is that placing a penny or other piece of metal under your tongue will somehow fool a breathalyzer test. This myth persists even though it has been debunked repeatedly. Breathalyzers measure deep lung air—what is known as alveolar air—rather than the air that resides in your mouth. These devices require you to exhale forcefully, pulling the air from deep within your lungs. A penny or piece of metal cannot mask or chemically neutralize the alcohol present in that deep lung air.

Modern breath-testing devices are also subject to strict testing and calibration requirements under Title 17 of the California Code of Regulations. Law enforcement agencies must regularly maintain and test these devices for accuracy. Regardless of what you place in your mouth, if the machine is properly calibrated and used according to protocol, it will detect the level of alcohol present in your alveolar breath. Relying on this myth could lead you to believe you are safe from detection when, in fact, your blood alcohol content (BAC) is likely to be accurately measured.

Myth: I Can’t Get a DUI If I Am Driving Perfectly

Many people assume that if they obey all traffic laws and appear to be driving perfectly, the police cannot pull them over. While it is true that an officer typically needs reasonable suspicion of a violation to stop a driver, DUI checkpoints serve as an exception to that general rule. The California Supreme Court has held that properly conducted DUI checkpoints are constitutional. That means law enforcement is permitted to stop drivers passing through these checkpoints to briefly investigate for signs of intoxication, even in the absence of any driving violation.

If you appear to be impaired at a DUI checkpoint or admit to having consumed alcohol, you may be asked to perform field sobriety tests or submit to a preliminary alcohol screening (PAS) device. If the officer believes there is probable cause based on the conversation, odor of alcohol, driver conduct, or test results, you can be arrested for DUI even though you were otherwise driving in strict compliance with traffic laws.

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

Drinking coffee or eating a meal may help you feel more alert, but it does not substantially speed up the metabolism or elimination of alcohol in your system. On average, a person’s BAC might drop at a rate of about 0.01 percent per hour, depending on factors like weight, gender, hydration, and metabolism. Even after several hours, your BAC might still be above the legal limit (0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21).

A notable scenario is the “morning after” DUI, in which someone believes a night’s rest has made them sober enough to drive. In reality, if you consumed large amounts of alcohol late into the night, you might wake up with a BAC that is still over 0.08%. The safest approach is to wait significantly longer than a few hours or use a reliable BAC tester. Alternatively, arrange a ride-share or a designated driver.

Myth: I Must Comply with Every Single Request from the Police During a DUI Stop

Being pulled over on suspicion of DUI can be intimidating, especially for those with no prior experience in dealing with law enforcement. You do have obligations—such as providing your driver’s license, registration, and proof of insurance. However, you are under no obligation to answer incriminating questions such as, “Have you been drinking tonight?” or “When was your last drink?” If you feel uncomfortable, you are generally within your rights to politely refrain from making statements that may incriminate you. You can say something like, “I’m not comfortable discussing my evening,” or “Why do you ask?” instead of lying or giving a detailed statement.

California law allows drivers to refuse the roadside field sobriety tests (FSTs), such as the walk-and-turn or the one-leg stand, unless they are under 21 or on DUI probation. These tests are voluntary. They are also notoriously difficult, even for sober individuals, and often become evidence used to establish probable cause for arrest.

Similarly, the preliminary alcohol screening device used roadside (the PAS test) is optional for most drivers over the age of 21 who are not on DUI probation. Refusing to take the PAS test in the field does not necessarily protect you from arrest, but it does limit the evidence the officer can gather at that moment. Once you are formally arrested, however, California’s implied consent laws require that you submit to a chemical test (breath or blood) or face additional administrative penalties such as a license suspension for refusing the post-arrest test. Refusal to submit to a chemical test after a lawful DUI arrest can lead to a one-year license suspension for a first offense, a two-year suspension for a second offense within 10 years, and a three-year suspension for three or more offenses within 10 years.

While people commonly refer to DUI as a Penal Code offense, most DUI-related statutes in California are housed in the Vehicle Code rather than the Penal Code. The primary DUI statutes include:

• California Vehicle Code § 23152(a): It makes driving unlawful under the influence of alcohol or drugs. A person is considered under the influence if their mental or physical abilities are so impaired that they can no longer drive with the caution of a sober person using ordinary care under similar circumstances. This applies even if the BAC is below 0.08%.
• California Vehicle Code § 23152(b): Makes it unlawful to drive with a BAC of 0.08% or higher. This is known as "per se" DUI, meaning that if your BAC is at or above this limit, you are automatically considered in violation, regardless of whether you show signs of impairment.
• California Vehicle Code § 23152(f): Prohibits driving under the influence of drugs alone.
• California Vehicle Code § 23152(g): Prohibits driving under the combined influence of alcohol and drugs.
• California Vehicle Code § 23152(d): Makes it a crime to drive a commercial vehicle with a BAC of 0.04% or higher. This lower limit applies only when operating a commercial vehicle.

DUI cases, however, may intersect with Penal Code provisions if there are additional allegations, such as DUI causing injury (which can sometimes be charged under Vehicle Code § 23153) or if there is an allegation of reckless driving or resisting arrest. Notably, California Penal Code Section 647(f) PC addresses public intoxication, making it a misdemeanor to be drunk in public to the point of being unable to care for one's safety or interfering with public ways. California Penal Code Section 273(a) PC addresses child endangerment, which can be charged as a misdemeanor or felony if a person drives under the influence with a minor under the age of 18 in the vehicle. Furthermore, California Penal Code Section 191.5(b) PC and Section 192 PC define vehicular manslaughter, which can be charged if a death results from driving under the influence.

California’s jury instructions relevant to DUI cases are commonly found in the CALCRIM series. If a DUI case goes to trial in Los Angeles County, for instance, the jury will often receive guidance from instructions such as:

• CALCRIM 2110: Driving Under the Influence (Vehicle Code § 23152(a), (f), (g)). This instruction defines the elements required to prove driving under the influence of alcohol, drugs, or a combination. The prosecution must prove that the defendant drove a vehicle and that, at the time of driving, the defendant was under the influence of an alcoholic beverage, a drug, or both. "Under the influence" means that the defendant's mental or physical abilities were so impaired that they could no longer drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. The manner of driving alone is not sufficient to determine impairment, but it is a factor to consider. If the prosecution proves beyond a reasonable doubt that the defendant's BAC was 0.08% or higher at the time of the chemical analysis (taken within three hours of driving), the jury may, but is not required to, conclude that the defendant was under the influence of alcohol at the time of the alleged offense.
• CALCRIM 2111: Driving With 0.08 Percent Blood Alcohol (Vehicle Code § 23152(b)). This instruction outlines the elements for driving with a BAC of 0.08% or higher. To prove this charge, the prosecution must demonstrate that the defendant drove a vehicle and that when they drove, their BAC was 0.08% or more by weight. If a blood or breath sample was taken within three hours of the alleged driving and a chemical analysis showed a BAC of 0.08% or more, the jury may, but is not required to, conclude that the defendant's BAC was 0.08% or more at the time of the alleged offense.
• CALCRIM 2112: Driving With 0.04 Percent Blood Alcohol: Commercial Driver (Vehicle Code § 23152(d)). This instruction addresses the specific offenses for commercial drivers. To be found guilty, the prosecution must prove that the defendant drove a commercial vehicle and that their BAC was 0.04% or higher by weight at the time of driving. Similar to CALCRIM 2111, if a sample is taken within three hours and shows a BAC of 0.04% or higher, the jury may infer that the BAC was at that level while driving.
• CALCRIM 2114: Refusal to Submit to Chemical Test (Vehicle Code § 23612). This instruction may be relevant if the defendant refused to submit to a chemical test after being lawfully arrested for DUI. The jury may be instructed that the defendant's refusal to take a blood or breath test after being requested to do so can be considered as evidence showing a consciousness of guilt. However, this instruction typically includes caveats that the refusal alone is not sufficient to prove guilt and other evidence must support the DUI charge.

Sentencing for DUI offenses in Los Angeles is largely determined by statutory guidelines as well as the specific circumstances of each case, such as prior DUI convictions within 10 years, the presence of aggravating factors (like a very high BAC, speeding, or causing an accident), and whether anyone was injured.

Generally, a first-time misdemeanor DUI under Vehicle Code § 23152 can include:

• Up to 6 months in county jail, though often alternatives like probation, house arrest, or community service may be offered, especially for first-time offenders without aggravating factors.
• Fines range from $390 to $1,000, plus substantial penalty assessments that can multiply the total owed to several thousand dollars.
• A mandatory DUI school (alcohol education program) lasting from 3 to 9 months, depending on the BAC level.
• A driver’s license suspension imposed by the DMV, typically 6 to 10 months, though restricted licenses allowing driving to and from work or DUI school may be available after a certain period with the installation of an Ignition Interlock Device (IID).

With each subsequent DUI conviction within a 10-year look-back period, penalties escalate. A second DUI conviction might include:

• A minimum jail sentence of 96 hours up to 1 year in county jail.
• Higher fines, again with significant penalty assessments.
• An 18- or 30-month DUI school.
• A longer license suspension or revocation, typically for two years, although a restricted license with an IID may be possible after a portion of the suspension.

A third DUI conviction within 10 years can lead to:

• A minimum of 120 days in county jail, with the possibility of up to one year.
• And Even higher fines and penalty assessments.
• An extended license revocation, typically for three years, with the requirement of an IID for two years to reinstate driving privileges.
• Mandatory completion of a 30-month DUI education program.

A fourth or subsequent DUI conviction within 10 years can be charged as a felony. Felony DUI penalties can include:

• 16 months, 2 years, or 3 years in state prison.
• Fines up to $1,000, with substantial penalty assessments potentially reaching over $10,000.
• A 30-month DUI education program.
• A driver's license revocation for four years, with an IID required for three years upon reinstatement.

If you are charged with a DUI that involves injury to another person, you could face felony charges under Vehicle Code § 23153, which carries the potential for state prison time. Misdemeanor injury DUI can result in 5 days to one year in county jail, fines from $390 to $5,000, a 3 to 30-month DUI program, and a one-year license suspension (with potential for a restricted license with an IID). Felony injury DUI can lead to 16 months to 16 years in state prison, fines from $1,015 to $5,000, an 18 or 30-month DUI program, and a one-year license suspension (with potential for a restricted license with an IID). In cases of multiple prior convictions or severe injuries, the prosecution may file the case as a felony DUI, which comes with sentencing guidelines significantly harsher than those for a misdemeanor.

Certain factors can enhance a DUI sentence in Los Angeles and throughout California. Examples include:

• Excessive BAC: Often, 0.15% or 0.20% or higher can lead to harsher penalties, including longer jail sentences and extended DUI programs.
• Refusal to Submit to a Chemical Test: While refusal carries administrative penalties from the DMV, it can also be used by the prosecution in court and may lead to increased jail time and longer DUI education requirements upon conviction.
• Speeding While DUI: Particularly driving 30 mph over the limit on a freeway or 20 mph over the limit on a surface street can result in sentence enhancements.
• Driving with a Child Passenger Under the Age of 14 (“DUI with Child Endangerment”): This can lead to additional jail time, ranging from 48 hours to 90 days depending on the number of prior DUI convictions, under California Vehicle Code § 23572, and can also result in charges under California Penal Code Section 273(a) PC for child endangerment.
• Accidents Resulting in Property Damage or Bodily Injury: As discussed above, injury DUIs carry significantly harsher penalties. Even property damage can be considered an aggravating factor.

Judges in Los Angeles County courts tend to impose harsher penalties if any of these aggravating factors apply, potentially including longer jail sentences, extended DUI programs, higher fines, and additional probation requirements.

Navigating a DUI case requires understanding what law enforcement can and cannot do, knowing the potential penalties, and challenging improper or inaccurate testing procedures. Some defendants wrongly believe a DUI arrest automatically means conviction. In reality, an experienced DUI attorney can analyze whether:

• The officer had a valid reason to stop your vehicle (unless stopped at a valid DUI checkpoint).
• The field sobriety tests were administered and interpreted correctly.
• The breath or blood tests followed proper Title 17 procedures regarding calibration, maintenance, and sample handling.
• Your statements were obtained legally and without undue coercion.
• Your constitutional rights—such as the right to remain silent—were respected throughout the process.

By combining these strategies with a deep knowledge of the court system, an effective defense can often result in reduced charges, alternative sentencing (like a diversion program in limited scenarios), or even a dismissal under certain circumstances.

Given the complexities of California DUI law, retaining an attorney who focuses on DUI defense can be the deciding factor in your case. An effective attorney will review the police reports, dashcam or bodycam footage (if available), chemical test records, and any witness statements. Attorneys who have prior prosecutorial experience can often anticipate the arguments the District Attorney’s office will use and can prepare a defense strategy accordingly. They are also more likely to have established relationships and credibility within the local court system, which can be invaluable in plea negotiations or sentencing hearings.

If you or a loved one has been arrested for DUI in the Los Angeles area, it is vital to speak with a DUI attorney at Kraut Law Group Criminal & DUI Lawyers, Inc., as soon as possible. There are strict deadlines to request a DMV hearing to challenge your license suspension. Missing this window can lead to automatic license consequences that can significantly impact your ability to drive to work or school.

Recognizing the most common myths about DUI can save you from making costly mistakes that compromise your freedom, finances, and driving privileges. If you find yourself unsure about your rights or suspect you might be over the legal limit, it is far safer to avoid getting behind the wheel. Relying on urban legends like the “penny in the mouth” trick or believing that coffee and a meal can fully sober you up will not protect you from the serious consequences of a DUI arrest.

For those who have been charged, understanding the applicable laws, your available defenses, potential penalties, and how a trained attorney can help is crucial. Knowledge is power in the legal system—especially when it involves a complicated area like DUI law, where mistakes can have lasting repercussions on your record and livelihood.

If you or someone you know has been arrested for DUI, it is imperative to seek legal counsel immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, I understand the prosecutorial strategies and can help you separate myth from reality regarding DUI laws and procedures. My office is committed to protecting your rights, challenging any improperly administered tests, and working toward the most favorable outcome possible.

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