A DUI charge is a serious offense. Even in minor cases, you could be facing heavy fines or a suspension of your license. For more serious charges, there is jail time, ignition interlock systems, and heavy license points that raise insurance rates for years. Whether under the influence of drugs or alcohol, a DUI charge can have life-altering consequences.
If you’re facing a DUI charge, you may not think it’s that big of a deal. Or worse, you think the case won’t succeed because of refusing a breathalyzer test or “passing” a field sobriety test. DUI myths like these are why so many drivers charged with a DUI do not hire a lawyer. In the end, they end up with a criminal charge, a suspended license, and no way to defend themselves in court.
Know the most common DUI myths in Maryland so you can prepare yourself for a DUI case. Compare myth to truth and learn why a DUI defense lawyer is your best chance at a positive outcome. In Maryland, DUI charges are taken very seriously, and you do not want to go in unaware. Plan now and protect your future.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
Common DUI Myths
Myth: Refusing a Breathalyzer Means I Can’t Be Charged with a DUI
How many times have you heard this advice? It’s shared a lot on social media, and many drivers believe it to be true. After all, if there is no evidence of drinking and driving, there can’t be a DUI, correct?
False.
Refusing a breathalyzer does not prevent a DUI charge. A common DUI myth, the fact is that refusing testing can immediately result in a suspension of your license and possible permanent revocation. In Maryland, by obtaining a state driver’s license, you are agreeing that you consent to a chemical blood test if suspected of drinking and driving. While you have the right to refuse a roadside breathalyzer test, you must either consent to a blood draw test back at the station or give up your right to drive and therefore your license.
While it is sometimes the right move to refuse a breathalyzer test, the fact is that refusing it does not prevent a DUI charge. Know your options when pulled over and suspected of a DUI so you can make the right choice for you and your case. Learning the accuracy of a breathalyzer vs chemical blood draws is one defense strategy used in a DUI case.
Myth: You Can't Be Charged for Sleeping It Off in Your Car
DUI stands for “driving under the influence.” The word “driving” implies that a person must be behind the wheel, with the car on and in motion. For this reason, many people find themselves charged with a DUI even though they weren’t “driving.”
The truth is that intent to drive while under the influence can result in a DUI charge. The state defines intent to drive as being in the driver’s seat or the car is on; only one of these needs to be happening for a person to be charged with a DUI.
If you are “sleeping it off” in your car and either the car is on or you are in the driver’s seat, this could be intent to drive and can result in a DUI charge. Do not risk your case by telling the judge “you were not driving.” A DUI defense attorney familiar with Maryland law is better equipped to defend you in court and reduce or dismiss the charges.
Myth: I Passed the Field Sobriety Test, No Need to Worry
During a traffic stop, a suspecting officer may ask you to perform a field sobriety test. A field sobriety test includes skills and actions such as standing on one leg, touching your finger to your nose, walking a straight line, or following the sight of a pen with your eyes. Many drivers feel that if they “pass” the field sobriety test, they will not be charged with a DUI.
“Passing” the field sobriety test is a DUI myth. The field sobriety test is not intended to be pass or fail. Instead, it is performed so officers can analyze a driver’s behaviors. Even if you do not fall over, can still touch your nose, walk in a straight line, and follow a pen, the way you perform these actions tells an officer a lot about your state of mind. Because these tests are so subjective, there are often numerous defense paths your lawyer can take to fight field sobriety test results. You can also refuse a field sobriety test if requested.
A DUI defense attorney can consult on your case and help defend your actions in the field sobriety test. Do not assume a well-performed roadside test omits you from a DUI charge, as this is only one piece of evidence used in a DUI charge in Maryland.
Myth: I Wasn’t Drunk, Just Tipsy, so I was Safe to Drive
The legal blood alcohol concentration (BAC) limit in Maryland is 0.08%. Many drivers take this to mean that if they are “tipsy” (testing under 0.08%), they cannot be charged with a DUI. This is a DUI myth and is not true. While a DUI charge results in anything 0.08% and above for adults 21+, a BAC less than 0.08% can still incur a DWI charge (driving while impaired).
A DWI charge depends on the level of impairment, other related traffic charges, and if there were any accidents or injuries. “Tipsy” is not a legal defense, and you may still face DWI charges if you go to court alone for a DUI charge under 0.08%.
CDL drivers and drivers under age 21 have different limits, 0.04% and 0.02%, respectively, and may face DUI charges plus additional legal consequences. Do not risk the charges, fines, license points, and more. The BAC level is not the sole defense you can use in court if representing yourself.
Myth: It’s My First Offense, I Don’t Need a Lawyer
A common DUI myth is that a first offense is treated with leniency. Young adults, working professionals, or drivers with no previous records may assume that a first-offense DUI charge will be a “slap on the wrist.” The myth is that you might face a small fine and addiction workshops for a limited time.
This is not true. A first-offense DUI charge can still result in a suspended license, higher insurance rates, heavy fines, or even jail time. Choosing to forgo a DUI defense attorney puts you at risk of worse consequences and being charged to the fullest extent. Never assume a DUI charge, even a first offense, will not end with life-altering consequences.
Know the Law: Hire a DUI Defense Attorney
You cannot know everything about DUI law in Maryland. DUI myths are repeated on social media, in friend groups, on college campuses, in the workplace, and even on law blogs. One source or a “story about a guy” is not proof that you will have the same experience. The only way to protect your future is to hire a DUI defense attorney near you.
Saller Law DUI defense lawyers consult on your case, advise on the possible outcomes, and review the evidence. We do not let you go it alone – we make sure your rights are protected, and you have a positive future. Avoid the DUI myths and work with a knowledgeable team near you in Baltimore, MD.
Frequently Asked Questions
Can you get a DUI in Maryland if your BAC is under 0.08%?
Yes. A BAC below 0.08% does not automatically prevent a DUI or DWI charge in Maryland. Other factors of impairment are taken into consideration, along with any other traffic incidents, injuries, or criminal charges incurred at the time. It is a DUI myth that 0.08% alone is the only deciding factor in a DUI charge.
Should I refuse a breathalyzer test?
Refusing a breathalyzer test does not make a DUI charge go away. This is a common DUI myth that many people believe. In Maryland, when acquiring a driver’s license, you are agreeing to consent to a chemical blood test. A refusal of either test may result in suspending or revoking your driver’s license. Consult with a lawyer if you are concerned about refusing a breathalyzer test.
Can you be charged with a DUI in Maryland without a breathalyzer?
Yes. A breath or blood test is not necessarily required for the State to pursue an impaired-driving charge. Evidence such as driving behavior, officer observations, statements, field sobriety testing, and other circumstances may be considered.
Does passing a field sobriety test mean you can’t get a DUI?
No. Passing or performing reasonably well on roadside sobriety tests does not automatically end a DUI investigation. Officers and prosecutors may consider the totality of the circumstances and other available evidence. A field sobriety test is simply one way for them to assess your behavior.
Do you automatically lose your license after a DUI in Maryland?
Not, but a DUI arrest can create separate Maryland Motor Vehicle Administration (MVA) consequences in addition to the criminal case. The circumstances surrounding the arrest, including chemical-test results or refusal, can affect what happens to your driving privileges. You will have an MVA hearing in addition to your criminal case in front of a judge. A DUI defense attorney can help you navigate both of these hearings.
Is a first DUI in Maryland not a big deal?
A first offense can still have significant legal consequences. Depending on the circumstances, a first-offense DUI charge may include criminal penalties, driver’s-license consequences, fines, probation, or alcohol/drug education or treatment requirements. Do not assume a first-offense is “no big deal.” Hire a defense attorney for your best chance at a positive outcome.
