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Common Misconceptions About DUIs Jan. 15, 2024

A law book with a gavel - DUI LawMisconceptions about DUI (Driving Under the Influence) charges can often lead to people feeling lost and confused during a time when they could be fighting for their rights and freedom.  

It's crucial to understand that DUI laws can vary widely depending on location, and the consequences can be severe. At, we've seen firsthand the confusion and fear that can accompany being charged with a DUI. Here, we clarify some of the most common misconceptions about DUI charges. 

"You'll only get a DUI if your BAC is 0.08% or higher." 

One of the most prevalent misunderstandings is the belief that a DUI charge can only be leveled if your blood alcohol concentration (BAC) exceeds the legal limit of 0.08%. We'd like to set the record straight: that's not always the case. It bears stressing that you can be charged with a DUI even if your BAC is below this threshold. It all boils down to whether or not law enforcement believes your ability to drive has been impaired by alcohol or drugs. The focus here isn't solely on your BAC, but rather on your overall impairment. 

"You need to be physically driving to get charged with a DUI."  

In Florida, you don't necessarily have to be physically driving a vehicle to get charged with a DUI. The law stipulates that being in "actual physical control" of a vehicle can also result in a DUI charge. So if you're found in the driver's seat with the keys in the ignition, even if the car isn't moving, you could potentially face a DUI charge. This is an important distinction to understand as it means that even if you're not actively driving, you can still be held responsible for your actions while under the influence. 

"A DUI charge is just a minor offense."  

Many people underestimate the severity of a DUI charge. In reality, a DUI conviction can have far-reaching consequences that can impact your life for years to come. Not only can you face potential jail time, but a DUI charge can also affect your employment, insurance rates, and reputation. It's crucial to take a DUI charge seriously and seek out experienced legal representation to help protect your rights and future. 

In the United States, approximately 37 lives are lost each day due to drunk-driving accidents. Courts take these cases seriously, as they should. As a criminal defense attorney, it's my job to secure a fair outcome that aligns with the facts of each case. Don't settle for a punishment harsher than what you deserve. Seek out the help of a knowledgeable lawyer to protect your rights.  

"DUIs only concern alcohol, not drugs." 

Another common misconception is that DUI charges only apply to alcohol consumption. In reality, DUI laws encompass both alcohol and drugs. If you're driving under the influence of any substance that impairs your ability to operate a vehicle safely, you can be charged with a DUI. This includes prescription medications, over-the-counter drugs, and other controlled substances. 

"It's not worth it to fight a DUI charge." 

Some clients felt their situation was hopeless because they believed the evidence against them was insurmountable. We want to assure you that no matter how strong the evidence may appear, there are almost always defense strategies available to challenge it.  

Breathalyzer tests aren't infallible, and traffic stops aren't always conducted legally. A skilled DUI defense attorney can identify and exploit these weaknesses in the prosecution's case. So, don't assume a strong case against you equates to an automatic conviction. Reach out to an experienced attorney who will fight for your rights. 

"You don't need a DUI lawyer to challenge a charge."  

The truth is, DUI laws can be challenging to navigate on your own. A DUI lawyer will have the knowledge and experience to build a strong defense and potentially get your charges reduced or dismissed altogether. They understand the intricacies of DUI laws in your state and can help you make informed decisions about how to proceed with your case. 

Worried about costs? Well, the potential consequences of facing DUI charges without proper representation—such as hefty fines, license suspension, or even jail time—can far outweigh the cost of an attorney. Skilled attorneys can possibly secure a more favorable outcome, saving you money, time, and stress in the long run. Plus, many law firms, including ours, offer flexible payment options and initial consultations at no cost. Don't let financial worries keep you from getting the legal help you need. 

Understanding the reality behind common misconceptions about DUI charges can drastically change the way you approach your case. And remember, when the stakes are high, having an experienced DUI defense attorney on your side can make all the difference. Contact us at to discuss your case with our lawyer. We work with clients throughout Daytona Beach, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County.