Driving under the influence (DUI) is a serious offense that can have severe consequences, both legally and personally. Unfortunately, there are many myths and misconceptions surrounding DUIs in Oregon, which can lead to confusion and misguided beliefs. As a follow up to our original DUI Myth blog, we would like to address 6 more common DUI myths to help you understand the legal implications and make informed decisions.
Myth 1: “I can refuse a breathalyzer test without consequences.”
Fact: Oregon has an “implied consent” law, meaning that by obtaining a driver’s license, you implicitly agree to submit to a breath, blood, or urine test if lawfully arrested for DUI. Refusing to take a breathalyzer test can result in a longer driver’s license suspension than refusing does can trigger a separate violation and fines. That doesn’t mean it is always the right choice. It’s important to consult with a specialized DUI attorney so they can provide guidance specific to your situation.
Myth 2: “I can avoid a DUI by sleeping it off in my car.”
Fact: While it’s important to prioritize safety and not drive under the influence, sleeping in your car while intoxicated can still result in a DUI arrest. Law enforcement will usually surmise that you drove to your parked location while impaired, and they can gather circumstantial evidence to support that. Also, if your car is running even if you’re not actively driving, you may still be considered in physical control of the vehicle and subject to DUI charges.
Myth 3: “I can’t be charged with a DUI if I’m under the legal drinking age.”
Fact: In Oregon, the legal drinking age is 21, but individuals under the legal drinking age can still be charged with a DUI. For drivers under 21, any blood alcohol content can lead to a DUI arrest. That means you could be facing a DUI along with a Minor in Possession (MIP) or other charges.
Myth 4: “I can rely on tricks to fool a breathalyzer test.”
Fact: Tricks like consuming breath mints, chewing gum, or sucking on a penny will not alter the results of a breathalyzer test. Hiding the scent of alcohol with mints or gum can actually backfire, as police officers are trained to note these things as suspicious, and you are not allowed to have anything in your mouth for fifteen minutes before the test. Breathalyzer devices are not perfect, but they are designed to detect alcohol levels when used properly.
Myth 5: “I can’t be charged with a DUI if I was not driving the vehicle.”
Fact: In Oregon, you can still be charged with a DUI if you were in physical control of the vehicle, even if you were not actively driving it. If you are in a car that has clearly been moved recently, or if you have the ability to operate or control the vehicle, you may be arrested for DUI.
Myth 6: “I can talk my way out of a DUI with the arresting officer.”
Fact: While it’s a good idea to remain respectful and cooperative during a DUI stop, attempting to talk your way out of a DUI with the arresting officer is extremely unlikely to be successful. Statements made during this time can be used as evidence against you, and usually the less said the better. It’s a smart time to exercise your right to remain silent and consult with an experienced attorney.
If you’ve been arrested for DUI, call Reynolds Defense Firm
If you or a loved one has been arrested for a DUI in Oregon, it’s important to make sure you have accurate information and talk to a law firm that specializes in DUI law. The Reynolds Defense Firm team can give you personalized advice based on your specific situation and work hard to get you the best outcome possible. You absolutely want to take the situation seriously, so contact us today and sleep better tonight.
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