Debunking Common Myths About DUI Cases (Part 2)
We debunked four common myths about DUI cases in a previous article with the same title. The myths we debunked in that article are;
- You must answer all the questions a police officer asks you
- You are required to submit to field sobriety tests
- You cannot be charged if you refuse to take a BAC test
- Any defense attorney can defend you in your DUI case
Because there are many myths about DUI cases, we decided to make this article a two-part series. In this second part of the article, “Debunking common myths about DUI cases,” we debunk five more myths pertaining to DUI. Read on!
Myth #1: You Cannot Be Charged With DUI if You Are Sitting in a Parked Car
One of the biggest mistakes you can make is believing you cannot be charged with DUI if you are sitting in a parked car. In New York, you can get a DUI while parked. Under New York law, operating a vehicle while intoxicated is illegal. Note how the law does not use the term “drive” but instead uses the term “operate a vehicle.” If, for example, you are found in the driver’s seat of a running car, you could be charged for operating the vehicle even if you weren’t driving it. It is also possible to be charged with DUI if you are found asleep at the wheel. In such a case, the main question is usually whether a person intended to place the vehicle in motion.
Myth #2: You Cannot Be Charged With DUI if Your BAC Is Below 0.08%
It is not true that you cannot get charged with DUI if your BAC is less than 0.08%. If law enforcement officers determine that your ability to operate a vehicle is impaired, you can be charged with DUI even if your BAC is below 0.08%.
Myth #3: You Can Handle Your DUI Case on Your Own
Indeed, the law does not require you to hire a DUI lawyer to represent you. However, there are many benefits that come with hiring an attorney. An attorney can help you challenge the prosecutor’s case against you. They can help you develop and present strong defenses. Additionally, a skilled DUI lawyer can help you avoid making mistakes that can result in unnecessary consequences.
Myth #4: It Is Impossible To Beat a DUI Charge
With the help of a qualified attorney, it is possible to beat a DUI charge. There are several defenses an attorney can use to win your DUI case. They include the following;
- Challenging the accuracy of the BAC test results
- Presenting alternative explanations for physical symptoms
- Challenging the legality of the traffic stop
- Challenging the accuracy or validity of the field sobriety test
- Arguing that the prosecution has insufficient evidence
Myth #5: Pleading Guilty Will Earn You Favor With the Judge
Judges take DUI cases seriously, so pleading guilty does not mean you will earn favor with the judge. It is rarely wise to plead guilty to a DUI charge. It is best to consult an attorney about how you should plead,
Contact an NYC DUI/DWUI/DWAI Attorney
If you are facing DUI charges in New York, contact our skilled NYC DUI/DWUI/DWAI attorney, Mark I. Cohen, today at 212-732-0002.
Source:
nycourts.gov/judges/cji/3-VTL/VTL_1192/1192%282-a%29%28b%29-drugs.pdf
