Common New York DUI Myths | What You Should Know

dui myths new york

If you have been arrested for drunk driving, please read on, then contact an experienced Nassau County DUI lawyer to learn more about some common DUI myths in New York.

What are some myths about New York DUI cases?

Some of the most pervasive myths surrounding driving while intoxicated or driving under the influence of alcohol are as follows:

  • Breathalyzer devices are always accurate and reliable in a court of law: When operated and maintained properly, breathalyzers can accurately detect blood alcohol concentration levels in an individual’s body. However, the courts have recognized that these breath test devices have the possibility of errors. If the police officer who is to administer the test does not prepare it in accordance with state guidelines or misses a crucial step, then the results may be considered faulty and inadmissible.
  • Standardized field sobriety test results are proof of intoxication: While the individual’s performance of a standardized field sobriety test may lead to an arrest, it is not scientific proof on its own that said individual is intoxicated. It may establish probable cause, but further, more advanced testing may dispute the officer’s determination.
  • If your BAC is under 0.08%, you can’t be found guilty: If the prosecution can show, through evidence such as police observation, that having any alcohol in your system affected your driving ability, you may still be convicted.
  • If you refuse a breath test, you can’t be charged with DUI: New York is an implied consent state, meaning that if you are arrested for driving under the influence with probable cause, you automatically consent to take some sort of chemical test to determine your BAC. Furthermore, not only can you still face charges for a DUI, you may face separate penalties for refusing the breath test, even if you are acquitted of the underlying drunk driving charge.

Whatever the circumstances of your unique case, you would be well advised to reach out to a skilled Nassau County criminal defense attorney to discuss your next steps and plan a tailored defense. You can’t afford to go it alone, so please give us a call today.


Whether you need a Nassau County Criminal Defense Lawyer or traffic ticket attorney, The Law Office of Jacob A. Rudman is here to help. Our firm has significant experience representing clients facing a wide range of criminal charges, including DUIs, drug crimes, domestic violence, assault, juvenile crimes, and more. If you have been issued a traffic ticket, it is important to contact us today. We zealously represent clients facing tickets for speeding, reckless driving, driving without a license, and those caught using a mobile device. Contact us today to schedule your first consultation with our trusted legal team.

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