PROMOTING URBAN LEGENDS
Since the beginning of DUI prosecutions there have been Urban Legends or unsubstantiated stories of how people avoided a DUI conviction. They are usually told by self-professed experts who claim to have personally gotten out of a DUI or witnessed a friend who got out of a DUI by engaging in certain evasive maneuvers. They swear that they are foolproof. These same individuals usually have a suspended license for not completing an alcohol program ordered as a result of DUI conviction(s). Below are just a few examples of these DUI Urban Legends.
Urban Legend Number One: “Always submit to a breath test then tell the police officer or judge that you burped when you gave the breath sample.” I must first state that this burping technique is used during providing breath samples and NOT blood samples. The theory is that the breath sample is corrupted by alcohol in the stomach that is released during the burp. Obviously if a blood sample is provided instead of breath, the blood sample will not be tainted because of a belch. The problem with this technique is that the officer taking the breath sample is required to observe a person 15 minutes before taking the breath sample to make sure there is no burping both prior to providing the sample as well as during the time the sample is taken. If the arrestee tells the officer that he burped then the officer will require a new breath test or blood test.
TOSS THE KEYS
Urban Legend Number Two: “If you are pulled over on the side of the road, leave your keys on the hood of the car so no one can prove that you were driving.” The theory is that if the keys are outside of the car then you were not driving.” The problem with this theory, however, is that the prosecutor will not try to prove that you were driving at the time you had contact with the police. Instead, the prosecutor will focus on proving that you were driving under the influence when you decided to pull over and leave your keys on the hood of the car.
Urban Legend Number Three: “If you are parked when a police officer approaches your vehicle, just tell the officer that your friend was driving and left the area.” This is another tactic used to show that the person was not driving and thus not driving under the influence. However, this tactic rarely prevents a DUI prosecution as the person usually cannot provide a full name or contact information for the friend who drove.
In conclusion, Urban Legends are just that – Legends. They are stories that cannot be proven. The best way that a person can protect themselves from a DUI conviction after being arrested by a police officer is to hire the best DUI attorney that they can find.