What Is a DUI? How Is It Different from a DWI?
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In some states, people use DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably to talk about drunk driving, but in Texas there is a distinction!

It essentially has to do with age - if you are under the age of 21, and you have any amount of alcohol in your system while you are operating a motor vehicle, you can be charged with a DUI. If you are over the age of 21, and you are operating a vehicle in a public space, and your BAC (blood alcohol concentration) is 0.08% or higher or you are impaired to a degree that reduces your mental or physical faculties, then you can be charged with a DWI.

Note the broad scope of a DWI; even if your BAC is below 0.08%, you can still be charged.

Besides believing that DUI and DWI are the same thing, there are many other DUI myths that you may believe to be true. Here are some of the most common!

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The Most Common DUI Myths: 

Myth #1 - If I Don’t Blow Hard Enough in the Breathalyzer, It Won’t Fully Read My BAC.

There’s no way to “trick” a breathalyzer - this is wishful thinking! Officers are trained to know how they work. Failing to blow hard enough into a breathalyzer will only result in an officer asking you to redo the test until an accurate result is reported.

It’s important not to panic and try to evade the system; instead, stay calm. You can even call an attorney at the scene for advice, but other than not giving the police permission to search your vehicle without a warrant and not volunteering any information, we recommend that you respectfully comply with their demands. This may help you avoid arrest, but even if you are arrested, it will look better for you later on.  

Myth #2 - Field Sobriety Tests Are Always Accurate To Identify Intoxication.

 Walking a straight line or following a flashlight with your eyes are examples of sobriety tests that officers will ask of you if they think you are under the influence. However, these tests are not always accurate. Many other factors can play into someone being unable to successfully pass these tests than just intoxication - medical conditions, age, tiredness, etc. What is more, these tests are subjective - open to the officer’s interpretation.

When the National Highway Traffic Safety Administration first recommended these standardized field sobriety tests, they were proven to be only 47% accurate at predicting whether drivers were over the legal limit. After further standardizing the tests, the accuracy only increased to 82% (and that is when all three standard field sobriety tests - the one-leg stand, walk and turn, and horizontal gaze nystagmus - are administered together).

That leaves a lot of room for reasonable doubt! Many experts believe that field sobriety tests alone are not a reliable indicator of intoxication. Additionally, officers aren’t trained medical professionals, so they may not recognize certain conditions that make performing the tests difficult. All that to say - these tests can often be contested in court.

Myth #3 - It’s Smart To Refuse Sobriety Tests

If field sobriety tests are not always accurate, but may condemn you, you may think it is obvious that you should refuse to participate - that you should politely (or, less than politely) decline to take the test after you’ve been pulled over.

In Texas, you can do that, but it will definitely make the police officer more suspicious.

They may decide to arrest you and/or search your vehicle, which you want to avoid if possible, even if you are innocent. We highly recommend cooperating with the field sobriety test; the results can always be challenged later!

Myth #4 - Sucking on Pennies Will Lower a Person’s BAC

This is an urban myth that is completely scientifically false, and will not help you in the slightest - in fact, it may hurt your case and increase the chances of getting arrested. Copper has no effect on the alcohol content in your breath; the penny trick doesn’t work on DUIs!

Also, most officers are aware of this trick and will check your mouth before performing any tests; if you are attempting to suck on a penny, or if they see you spitting out change as they approach you, it will increase their suspicion that you have had too much to drink and want to manipulate the chemical testing.

Myth #5 - Drinking Coffee Or Rolling Down The Window Will Sober You Up

Unfortunately, while drinking coffee or other caffeinated beverages may make you feel more alert, it doesn’t affect how quickly your body metabolizes alcohol. Large quantities of alcohol make you sleepy; from two to six hours after initial consumption, objective measures of drowsiness increase, which is where this myth originated! Caffeine can counteract the alcohol-induced tiredness, but it can’t remove the cognitive defects that intoxication causes.

When it comes to your actual intoxication levels, coffee won’t help you “sober up” faster. (Neither will rolling down the window and getting some fresh air while you drive - again, it may help you feel more alert, but does not change the reality of intoxication and the effects of alcohol on your senses, reaction time, decision-making, and more.) The only thing that works is time!

How long? It depends. The rate that your body metabolizes alcohol may not be like other people’s, depending on your age, weight, and other factors; also, some drinks contain more alcohol than others. In general, human livers can process around 1 oz of liquor per hour, but again, this is not an exact formula, and the consequences of misjudgment are as serious as they come. If you’ve been drinking, it’s safest not to drive, period.

Myth #6 - A DUI/DWI Will Always Lead To Jail Time

This isn’t necessarily true! First of all, simply being charged with a DWI in Texas does not mean that you are guilty of a DWI; you are innocent until proven guilty, and you can fight conviction with a strong legal team on your side.

There is also something known as a pre-trial diversion program. In Texas, if it is the first time you have been charged with a DWI, your BAC was lower than .20, and your DWI did not result in a collision (or only resulted in a single-car collision), then you may be eligible for this alternative to going to court. A pre-trial diversion program “diverts” you away from the criminal justice system towards rehabilitation, community service, and other forms of intervention; you may be required to attend counseling, go through a treatment program, perform community service, pay fines, check in with a probation officer, and more.

However, if you are not eligible for this alternative, and you are convicted of a DWI, it will likely result in jail time (although how much is at the judge’s discretion). For a first offense, three days in jail is mandatory, but you could be looking at up to 180 days. For a second offense, you are looking at one month to a year. For a third offense, you are looking at two to 10years. If it was your first or second offense but you had a child passenger, you are looking at up to two years.

Myth #7 - You Don’t Need an Attorney To Fight A DUI

The penalties include more than just jailtime - even if you avoid a long sentence, if you are convicted, you are still facing:

• fines,
• the loss of your license.
• having a mandatory interlock ignition device installed in your vehicle at your expense,
• mandatory community service,
• increased insurance premiums or denial of insurance,
• difficulty finding employment,
• difficulty finding housing,
• immigration or custody consequences,
• and more.

Getting a DWI in Texas can affect you for your entire life. That’s why you can’t risk trying to resolve the issue on your own. This is not something you can DIY, and if you make mistakes trying to represent yourself, the consequences are serious. Years of your life - and the quality of your life - are at stake. You do need an attorney!

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Arrested For DWI? Call BRCK Defense.

Because there is so much at stake, not just any attorney will do. You need a firm that is highly experienced in DWI cases and has a track record of winning. You need a firm that gets what you are going through and who works tirelessly to get you good results - that’s BRCK Criminal Defense Attorneys!

At BRCK, our smart, non judgmental attorneys understand that people make mistakes in life, and we are here to help you overcome them. We have over 50 years of combined experience and have helped over 5,000 clients - we can help you, too. Fighting a DWI is time-sensitive; call us right now at 866-BRCK-LAW ((866) 272-5529) for a free consultation!