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Attorney Stuart Kirchick Explains Some Common Myths About DUI Arrests

Attorney Stuart Kirchick Explains Some Common Myths About DUI Arrests

Ray Hrdlicka – Host – Attorneys.Media

“What are some common myths about DUI that persist even today.

Because, you know, just in common conversation, sitting down at the jail, sitting down at the courthouse, you’re going to hear a lot of guys talk. And there’s common myths…you can’t…you can’t get over them.”

Stuart Kirchick – Criminal Defense Attorney – Santa Clara County, CA

“Yeah. I mean, some common myths would be, well, ‘if I gave the preliminary alcohol screening device test, that’s the breath test. I don’t need to give another test’. That’s a myth. You do have to give another test. Another myth is, ‘well, refusal’s the best way to go because then they don’t have a test result, and they’re going to have a hard time prosecuting me’. Well, that’s really not true. They have a lot of other factors, of course, that they can utilize to show that you were most likely in violation of the DUI laws.

Because there are two subsections to the DUI laws. There’s what’s called an A count and a B count. The B count relates to the test result that you are exceeding .08 blood alcohol content or more in your system. The A count is simply that drugs and or alcohol are affecting your ability to drive. There’s no test that’s related to that. So, they can still prosecute you based on a refusal. And then the further downside is that you’re going to lose your license for a year from the DMV. So it’s a myth, to believe, ‘well…I’m just going to not take a test and then they can’t prove it’.”

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