Certain myths can lead to dangerous consequences, particularly when they are about drunk driving. Unfortunately, many people in Florida believe these myths and get on the road after drinking.
That can result in car accidents that leave victims with serious injuries or shatter families by causing the death of a loved one. If you or a family member were in a crash caused by an intoxicated driver, you have the right to pursue your legal options.
Here are some of the myths and realities of drunk driving.
Myth: The Police Won’t Charge You with DUI if You Test Below the Legal Limit
The reality of the situation is that if someone gets pulled over, they can be charged with DUI if they have any amount of alcohol in their system. Even if the amount detected is below the legal limit, charges can be filed. This is especially true if the driver caused an accident with injuries or a fatality.
Myth: It’s Smart to Refuse a Breathalyzer Test
Another reality that many drunk drivers find out too late is that refusing a breathalyzer test can have negative consequences. Florida has an implied consent law, and when a driver refuses to take a breathalyzer test, they may immediately have their license suspended. If they cause an accident with injuries, they will be forced to take a blood alcohol test.
Myth: Delaying the Breathalyzer Makes the BAC Go Down
It may seem like a smart idea to wait to take the breathalyzer test, but the police will just order a chemical test. These are far more accurate and specialists will make an estimation on what the BAC was at the time of the police stop. In other words, those who drive drunk and cause accidents will likely be charged regardless of when chemical or breath tests are conducted.
Myth: DUI Charges Can Be Expunged, Especially for First-Time Convictions
The state of Florida is very tough on drunk drivers, and with good reason. This charge stays on the driver’s record for 75 years even for a first-time conviction. It cannot be expunged, meaning that those who drive drunk will have to live with the consequences of their negligent actions.
What Happens After an Accident with a Drunk Driver?
Car accidents are already dangerous, but when they are caused by a drunk driver, they can be deadly. If you or someone you love was in an accident with a drunk driver, you will need to prove that the other driver was negligent. It helps to have the support of a St. Petersburg drunk driving accident lawyer as they will work to recover valid evidence in your case.
The attorney will be working quickly to file a lawsuit on your behalf well before the statute of limitations runs out. Drunk driving victims have two years from the date of the accident, and families who have lost a loved one in these circumstances have two years from the date of death to file a wrongful death claim.
