It is estimated that more than nine people are arrested for DUI in the United States every day. If you live in a city like Tampa where it’s illegal to drink and drive, then you have likely been stopped by police at least once. There is a lot of misinformation about what constitutes a DUI arrest, which leads to many unnecessary arrests each year. In this article, we’re going to explore six myths that lead to unnecessary arrests – including car accident attorney tips on how to avoid them!
If You’re Not Drunk, You Won’t Get Arrested For a DUI
This is a common myth that many people believe. The truth is, if an officer suspects you of being under the influence, they can arrest you for DUI – even if your blood alcohol content (BAC) is below the legal limit. In some cases, officers may use field sobriety tests to determine whether or not they are intoxicated. If you refuse to take these tests, you could face additional consequences, such as jail time and the loss of your driver’s license.
Police Officers Must Have Probable Cause To Stop And Arrest Someone
This is another common myth that often leads to unnecessary arrests. Police officers must have probable cause before stopping someone for a DUI – for example, if they see someone driving erratically or if they received a report of a suspected DUI driver. If an officer stops you without probable cause, any evidence gathered during the stop may be inadmissible in court.
You Can Refuse A Breathalyzer Test Without Consequence
Many people believe that they can refuse a breathalyzer test without consequence. This is not true. If you refuse to take a breathalyzer test, you could face additional penalties, such as jail time and the loss of your driver’s license. In some states, you may also be required to install an ignition interlock device in your car.
A DUI Will Automatically Lead To Jail Time
This is another common myth that often leads to unnecessary arrests. In reality, the severity of the punishment for a DUI depends on many factors, including your BAC level and whether or not you have any previous convictions. A DUI may not always lead to jail time. You may only receive a fine or be required to attend alcohol education classes. However, if you are convicted of a DUI, you could face jail time.
You Can’t Be Convicted Of A DUI If You Weren’t Driving
Many people believe that they can’t be convicted of a DUI if they weren’t driving the vehicle. This is not true – in some cases, you can be arrested for a DUI even if you were not driving. For example, if you were in the driver’s seat but not driving or driving a car that was not yours, you could be arrested for DUI.
A DUI Will Always Result In The Loss Of Your Driver’s License
This is another common myth that leads to unnecessary arrests. The truth is, the loss of your driver’s license is not automatic – it depends on the state in which you live and the severity of your DUI conviction. You may only be required to attend a driver’s safety class or have your license suspended for a short time. In some cases, you may only be required to attend a hearing or complete an alcohol education program.
If you’re reading this, then it’s likely that either someone close to you has been arrested for a DUI, or you’ve had your share of accidents. You may wonder how they got in trouble and what can happen if they get convicted. There is a lot of misinformation out there about what constitutes a DUI arrest, which leads to many unnecessary arrests each year.

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