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Common DUI Myths | Here’s What You Need to Know

There are few things worse than receiving a DUI. Unfortunately, the misinformation and myths surrounding DUI charges can lead those charged to believe certain things that simply aren’t true, and can jeopardize their future as a result. Continue reading and reach out to our Tehama County DUI lawyer to learn more about the most common DUI myths.

Common DUI Myths

Just some of the most common myths surrounding DUIs are as follows:

  • Breathalyzers can’t be proven wrong. Breathalyzers can, and often are, proven to be defective or improperly administered. If the results of a breathalyzer test are proven to be wrong or inaccurate in some way, they can be deemed inadmissible as evidence in court, which will often result in a DUI case essentially being thrown out.
  • Refusing a breathalyzer test can prevent you from receiving a DUI. This is untrue. In fact, if you refuse to submit to chemical testing and the officer has probable cause to believe that you are under the influence of alcohol, you can receive a DUI and will most likely face a 1-year driver’s license suspension, among other penalties.
  • You can’t disprove a field sobriety test. You can. Field sobriety tests are fallible, and if you received a DUI for failing a field sobriety test, our firm can work to prove that you were not under the influence of alcohol. For example, if you have a medical condition or a disability that prevents you, say, from walking in a straight line, we can use this as a defense against your DUI charge.
  • You can only be charged with a DUI if your BAC is above .08%. This is untrue. If you have a BAC of, say, .07%, but the officer can prove that you were driving erratically or that you were otherwise impaired by alcohol, you may still receive a DUI.
  • You don’t need an attorney to fight a DUI. While you don’t technically need an attorney to handle any legal issue on your behalf, it would be foolish to try to fight a DUI on your own. Only a competent Red Bluff criminal lawyer can provide you with the proper defense. Our firm has handled countless DUIs over the years, and we are qualified to effectively handle yours as well.


Here at Cohen Criminal Law, we believe that everyone is innocent until proven guilty. Our mission is to defend your rights, and we are committed to that mission. We will be your number one advocate through every step of the process. Attorney Cohen has fought on behalf of those charged with crimes and traffic violations for over 30 years, and he is ready to fight for you, too. Contact Cohen Criminal Law today to schedule your free initial consultation with our firm.