DUI and DWI charges are some of the most misunderstood areas of criminal law. Many drivers believe they know what will happen after an arrest, but relying on myths instead of facts can make a difficult situation even worse. When someone is suddenly confronted with what is the difference between DUI and DWI, it is important to separate truth from misconception in order to make informed decisions.

One of the most common myths is that refusing a breath test automatically protects you from conviction. While it’s true that refusing a chemical test can make it harder for prosecutors to prove intoxication, it also triggers administrative penalties in many states, such as an automatic license suspension. In some jurisdictions, refusal can even be used as evidence of guilt.

Another widespread misconception is that first-time offenders don’t face serious consequences. Many drivers assume that if it’s their first arrest, the court will simply issue a warning. In reality, even first-time offenders may face fines, license suspension, probation, mandatory alcohol education classes, and in some cases, jail time. The idea that “one time won’t matter” is simply untrue.

A third myth is that you cannot be charged with DUI or DWI if your blood alcohol concentration (BAC) is below the legal limit. While 0.08% is the standard threshold for most adult drivers, prosecutors can still pursue charges if they believe alcohol or drugs impaired your ability to operate the vehicle safely. For underage drivers and commercial license holders, the threshold is often much lower, and in some cases, zero tolerance applies.

Many people also believe that hiring a lawyer is unnecessary if they plan to plead guilty. This is another dangerous misconception. Even in cases where guilt seems clear, an attorney may identify defenses that reduce charges, negotiate for alternative sentencing, or prevent the harshest penalties. Without representation, individuals may accept punishments far more severe than necessary.

There’s also the myth that field sobriety tests are foolproof. In reality, these roadside tests are highly subjective and depend on the officer’s interpretation. Factors like nervousness, medical conditions, or even poor weather conditions can cause a driver to perform poorly, leading to unjustified arrests. Attorneys often challenge these tests as unreliable evidence.

Another misconception is that DUI or DWI convictions will eventually disappear from your record. In many states, these convictions remain permanent, affecting insurance, employment opportunities, and even future court cases. Unlike minor traffic violations, they are not easily erased.

Finally, some believe that only alcohol-related arrests qualify as DUI or DWI. The truth is that drug impairment, whether from illegal substances, prescription medication, or even over-the-counter medicine, can result in charges just as serious as those involving alcohol.

Understanding the facts is the first step to protecting your rights. Falling for myths can lead to poor decisions and harsher outcomes.

Kohn & Yager has extensive experience addressing these misconceptions and providing clear, accurate guidance to clients. With proper legal support, individuals can avoid common pitfalls and approach their case with confidence.