5 Myths About San Diego DUI Arrests
Misinformation about what constitutes driving under the influence in San Diego abounds. Here are a few of the most prevalent myths about DUI in Southern California -- debunked.
Myth #1: Trained officers can easily pick out drunken drivers by using Field Sobriety Tests.
Truth: Field Sobriety Tests are vastly more unreliable than most people – even most judges and juries -- realize. Studies have demonstrated, for instance, that completely sober people who take these tests will be judged intoxicated nearly half the time. Think about that. Even police officers who have been trained in how to administrate field tests will falsely identify a sober person as DUI nearly 50% of the time! That’s a catastrophically large margin of error.
Myth # 2: If you're a diabetic or if you suffer from other metabolic problems, and you're pulled over for suspected DUI, a breathalyzer test will clear you of suspicion.
Truth: Breathalyzer tests notoriously mis-record the BACs of diabetics. The reason is that these individuals produce compounds called acetones, which most breathalyzers interpret as alcohol compounds. Thus, a completely sober diabetic may blow into a breathalyzer and record a blood-alcohol concentration of 0.08% or above -- high enough to get arrested for DUI in Southern California!
Myth #3: Breathalyzer tests don’t have a wide margin or error.
Truth: Breathalyzer tests can show huge variability. In particular, the way a suspect breathes into the breathalyzer can dramatically influence results. The first "early breath" into the machine inevitably yields a lower-than-realistic BAC; the last part of the exhale yields a higher-than-realistic BAC. Police officers know this and often encourage San Diego DUI suspects to blow as deeply as possible to skew the results of the test, so it looks like the suspect has a higher BAC than he or she actually does!
Myth #4: Chewing on a stick of gum or sucking on pennies will help you defeat a breathalyzer.
Truth: Chewing gum may help you relax and relieve the stress of an arrest. But it won‘t lower your breathalyzer test score.
Myth #5: An officer who “smells alcohol on your breath” can tell whether or not you are DUI.
Truth: Ethyl alcohol is an odorless chemical. An officer can pick up scents from ingredients in the alcohol beverages you drank. But there's no way he can smell the alcohol "itself." For instance, if you drank alcohol-free margaritas all evening long, and then an officer pulled you over, he may very well think that he can smell "alcohol" on your breath (even though you consumed none). But in reality he can only pick up scents from the ingredients in the margaritas.
To develop a more effective defense against San Diego DUI charges, you may need a hard-charging, aggressive, and creative attorney on your side – someone who has the experience, knowledge, and compassion to provide top-caliber service. Find out how the law firm of Stephen Brodsky & Associates can serve you today here at www.criminalattorneysandiego.com, or call or email the offices to book a consultation.
