Common OWI/DUI Myths and Misconceptions
OWI/DUI (operating while intoxicated/driving under the influence) is a serious offense that can have devastating consequences. Despite this, there are many myths and misconceptions surrounding OWI/DUI. In this blog post, we will debunk some of the most common OWI/DUI myths.
Myth #1: You can only be arrested for OWI/DUI if your BAC is 0.08% or higher.
This is not true. In Wisconsin, you can be arrested for OWI/DUI if your BAC is 0.08% or higher, or if you are under the influence of alcohol or drugs to the extent that you are less safe to drive. This means that you can be arrested for OWI/DUI even if your BAC is below the legal limit.
Myth #2: You can beat an OWI/DUI charge if you say you were only having a few drinks.
This is not true. The number of drinks you have does not matter. In fact, if you say you had just one or two drinks, what the police hear is “I’ve been drinking.” If a police officer asks you how much you’ve had to drink or whether you’ve been drinking, you should be truthful if you decide to answer — lying to a police officer is itself a crime. However, you are not required to answer this question, and admission of even one drink can be incriminating. Therefore, it’s best to exercise your right to remain silent if you are asked.
Myth #3: You can sober up by drinking coffee or taking a shower.
This is not true. Coffee and showers will not sober you up. The only way to sober up is to give your body time to metabolize the alcohol. Keep in mind that this can take a long time — if you had enough to drink the night before, you might still be impaired when you’re on your way to work the next morning.
Myth #4: You can beat an OWI/DUI charge by refusing to take a handheld breath test.
You are indeed not required to submit to a roadside breath test in Wisconsin. However, will likely be arrested anyway, as the officer has already determined that there is probable cause. You will then be required to submit to a breath or blood test. Refusal to submit to a required test may lead to additional penalties; and it is likely that the police will get a warrant and take your blood anyway. Refusal to submit to a required test may lead to additional penalties; and it is likely that the police will get a warrant and take your blood anyway.. They may also take you to a hospital, where they will have a doctor perform a blood draw. If you refuse either of these tests, you can be charged with refusing to submit to a test, which carries much more severe consequences than the original OWI/DUI charge.
When it comes to the roadside test, keep in mind that this preliminary test is usually not admissible against you in a trial. Besides, even if you refuse, the police will typically seek a quick warrant to take your blood anyway.
Here are some other common OWI/DUI myths and misconceptions:
- You can't be arrested for OWI/DUI if you're under 21.
- You can't be arrested for OWI/DUI if you're driving home from a bar.
- You can't be arrested for OWI/DUI if you're only taking prescription drugs.
- You can't be arrested for OWI/DUI if you're not driving erratically.
All of these myths are false. If you are driving under the influence of alcohol or drugs, you are at risk of being arrested for OWI/DUI.
If you are arrested for OWI/DUI, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options and can develop a defense strategy on your behalf. Contact our expert team today to guide you through the process.