J.J. Redick, the Duke Basketball Star and NBA Lottery Draft Pick made headlines this November when he was arrested for driving under the influence. The fact that Americans—even sports heroes and role models—continue to make this error in judgment demonstrates the widespread pervasiveness of the problem. Even with public awareness at an all-time high, drunk driving still claims thousands of lives each year.
In 2001, 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics. This averages out to one DUI arrest for every 137 licensed drivers. 41 percent or 17,419 of traffic fatalities recorded in 2002 were alcohol-related. 

Unfortunately misinformation contributes to drunk driving problem. There are ample urban legends spread around bars that infer that there are ways to get away with drunk driving or that some level of drunk driving is perfectly safe. Both of these are completely untrue. 

DRUNK DRIVING MYTH #1: You can develop a high tolerance.

The majority of DUI arrestees will tell you, “But I don’t feel drunk.” The fact is they probably don’t. Most states have adopted the .08% Blood Alcohol Level (BAL or BAC in most states) as the measuring stick for DUI. It is defined as the amount of alcohol in your blood stream recorded in milligrams per 100 milliliters of blood. That is a very small amount of alcohol—so small that you may not feel any effect at all.

Your BAC has NOTHING to do with alcohol tolerance. Even if you can drink a large amount of alcohol in a small amount of time and only ‘feel’ a little tipsy, the truth is you were probably over the .08% after two drinks. Your alcohol tolerance rises and falls with the frequency of your drinking, but our BAC remains constant. The BAC is set at a low level because the potential damage that can be case with a motor vehicle is substantial.

If you consume alcohol—even in small amounts—just don’t drive. Consider the possible consequences when compared to a $40.00 cab ride. The fines in some cities and states for driving under the influence can exceed $10,000, to say nothing of its effect on your insurance.

DRUNK DRIVING MYTH #2: If there was no reason to pull me over then the police and not press DUI charges.

This is not true. You can be pulled over for a minor traffic violation like a cracked taillight and still be arrested for drunk driving. Officers can determine you were driving under the influence based solely on your performance during a field sobriety test. It doesn’t matter if you were driving perfectly when you were pulled over. If the officer did happen to witness you weaving or displaying signs of impaired driving prior to the traffic stop, it only serves to strengthen his or her case against you after your arrest.

Keep two simple truths in mind when considering this argument. First it will be your word against the word of trained professional law enforcement officer. Second if you have been drinking you are in a very poor condition to evaluate your own driving abilities.

DRUNK DRIVING MYTH #3: Drunk Driving charges are for Alcohol only

This is not true. The true charge is “Driving Under the Influence.” The Influence can be of anything that can impair your driving ability. A very common misconception is that prescription drugs, which impair your driving, are excluded from Driving Under the Influence charges. This is certainly not the case. The goal of these laws is to make driving as safe as possible, so anything that reduces a drivers ability to function, even a little, can be illegal.

DRUNK DRIVING MYTH #4: The Field Sobriety Test Myths.

Once an officer finds reason to detain you, he or she will most likely ask you to perform a voluntary Field Sobriety Test or FST. You will have to perform a number of simple tests designed to determine if your balance, coordination, and comprehension are impaired by alcohol. These test are not difficult, but there are very subtle clues that law enforcement officers are trained to look for.

One common myth is that if you pass the field sobriety test the police officer will not request a breath test. For two reasons this is false. The first and most common issue is that almost everyone who is drinking feels more coordinated than they truly are. The second issue that the police just need probable cause to request a breath or blood test. Probably cause could have been determined with the reason for the original stop.
Many people cite that location &/or surroundings as a primary reason they failed the field sobriety tests. This includes uneven surfaces, high heal shoes, snow, lack of sleep and many others. There are instances where these issues can positively influence your drunk driving case. Alone they are not enough to exclude a drunk driver from prosecution.

DRUNK DRIVING MYTH #5: I am not required to submit to a breath test.

There are typically two types of breath tests for a DUI: the one given before arrest and the one given after arrest. The pre-arrest test, sometimes called the Preliminary Alcohol Screening (PAS) test, is typically administered once you have completed or have failed to complete a Field Sobriety Test.

This is the test you have the right to refuse. Many criminal defense attorneys recommend that you REFUSE THIS TEST.

The post-arrest test is not optional. In most states, such as California, you have a choice between submitting breath, blood or both. You must submit to one of these tests. The post-arrest test is mandatory and refusing to take it means an automatic license suspension. Most Criminal Defense Attorneys recommend that your if you ever find yourself faced with this decision, choose the breath test over the blood. A breath test is open to various challenges in court. The state must prove that the machine was accurate, calibrated, and that you did nothing to affect the results like burp, hiccup, sneeze, or vomit. A blood test is “hard evidence,” sealed in a glass vial, tested by professionals, and rarely challengeable. 

DRUNK DRIVING MYTH #6: You can fool the breath test.
There are a number of urban legends that suggest you can fool the breath test. Some of the most common are:

1. Put a piece of metal in your mouth
2. Suck on a alkaline battery
3. Place a penny under you tongue
4. Put a fresh stick of gum in your mouth
5. Blow very hard
6. Hardly blow at all
7. Lick a piece of tin foil
8. Hold your breath before the test
9. Starchy foods will absorb the alcohol in your breath
10. Oxygenate your blood by taking deep breaths

All of these methods do not affect your BAC. In some cases if you blow too hard you can break the measuring device, but that almost certainly will result in a trip the police station to retest.
Stalling is another method that many people employ. The hope is that your body will process the alcohol while time goes by and your test will be better if you wait. This of course is true. However police has a chart to estimate your BAC when pulled over relative to the time at has passed. In some cases this can backfire in individuals that metabolize slowly or had a drink right before being pulled over. In this case the BAC can increase.

The reliance on these myths is disturbing on two counts. 1st many good people get behind the wheel under false pretenses and risk their own person, property and criminal record and the injury of all those they come across.

It is also disturbing that so much effort is direct toward ‘getting away with” drunk driving. The potential for damage is so great that every caution should be taken to avoid driving while impaired.