DWI Stop Myths: Trying to Cheat the System

Facing a DWI-related stop, and potential DWI, can be quite frightening. You don’t know if you’re within the legal limit, what your rights are, and if you can do anything to help your case. You’ve likely heard a few little pieces of DWI stop folklore and you might want to try them out now and help your case. However, those folklore’s? Are mostly DWI stop myths. Do any of them work? Ultimately, there’s not too much you can do to cheat a DWI stop, as it’s pretty cut and dry. But, let’s take a look at those DWI stop myths, and we’ll explain to you why it is that they’re unsuccessful.

DWI Stop Myths: Trying to Cheat the System

Cheating a Breath Test 

Possibly the most common of DWI stop myths, many people believe you can cheat a breath test. The myth is that you can cheat the test to produce a lower BAC and therefore, test under the legal limit. For example, people believe you can cheat a breath test by drinking mouth wash. While the mouth wash may mask the smell of alcohol, it may actually worsen your breath test. Many mouth washes have a low amount of alcohol in them, which could actually make your breath results even higher.

In another example, people believe you can suck on pennies to cheat a breath test. However, most breath test devices use an infrared light to measure the drop in intensity in light. Therefore, the copper from the pennies will not be able to throw off the device.

Reducing your drunkeness

Some other DWI stop myths focus on lowering how drunk you’ve become. In short, you want to be able to drink but then remain sober enough to drive. For instance, many people believe drinking strong, black coffee will help sober you up to drive. So after drinking too much, they may drink coffee in hopes of being able to drive home. Another idea like this, is to eat greasy foods after drinking. For instance, many people believe eating a big cheeseburger or slice of pizza will lower their blood alcohol concentration.

In reality, your BAC rises based on how much you drink

Nothing is going to speed up the process of lowering it. You must allow your body time to process the alcohol through your system. In short, most DWI stop myths are just that— myths. Once you drink and drive, you are subject to facing a DWI. While there isn’t much you can do to alter the outcome of the stop, there are things you can do to alter the outcome of your case. So, speak with an attorney about defense options for fighting your DWI.

DUI-related Probation: What does this mean for me? 

When it comes to DUI offenders in South Carolina, the majority are first time offenders. Therefore, it’s likely that most of you are unfamiliar with the proceedings that come along with a DUI. From the roadside testing, getting a lawyer, your bail hearing, and getting your license back… There are a lot of different steps to take, and a lot of questions to ask. One common question that arises is about DUI-related probation. How does it work? What are the court’s expectations of me? And on top of that, what happens if I violate probation?

DUI-related Probation: What does this mean for me?

First of all what does “probation” mean?

Think of probation in the same way that you think of academic probation at a school. You violated the schools policy; therefore you must perform some actions in order to get back in “good standing”. For a crime, the state basically wants to monitor you to make sure that your character and behavior was more of a slip-up rather than a habit. So, most of the actions you’ll perform on DUI-related probation are meant to prevent you from drunk driving.

The specifics for a DUI-related probationary period:

The following are all examples of what you’ll specifically for a DUI:

1. The DMV suspends your driver’s license. Depending on the situation, you may be able to appeal this decision within a set amount of time.
2. Devices on your person or in your car to monitor your drinking.
3. Random testing.
4. Fines
5. Classes on substance abuse. Sometimes, these classes are assigned if you fail an appeal.

Now, it’s important to note that these are not punishments for your crime. Rather, these activities happen after conviction and punishment. Therefore, if the judge sentences you to community service, you must fully participate in that community service.

If you break your probation, you will have to answer to an administrative officer, or to the court. In court, you’ll be sent to General Sessions for a hearing. However, if you miss that hearing, the court issues a bench warrant without an expiration date. Therefore, you must stay on top of your probation and complete the assigned program fully. Only then, will your probationary period be over.

Police Conducting Vehicle Search in DUI: Why It’s Legal

A car is your private property; you purchase it, you register the vehicle in your name. By all definitions, it’s yours. Cars are quite similar to homes in the regard that they are yours, and in some cases, a car can become your home as well. Motor homes and portable “tiny houses” recently exploded into popularity. So, if these pieces of property are yours entirely, why do police have the right to a vehicle search during DUI stop? Why do they search cars without receiving warrants? Simply put, our case law doesn’t treat cars in the same way as homes.

Why Can Police Conduct a Vehicle Search in a Stop?

If you are in your home, you qualify for the full protections of the 4th amendment. But what exactly does this mean? Well basically, you have the right to be secure in your home against any unlawful searches or seizures. The Supreme Court decided a series of cases where they made clear that the home is a sacred place. Unlike other public places, including cars, the home is a safe location where government cannot intrude. Cases like Kyllo v. United States discussed the “intimate” details of the home that the government shouldn’t be allowed to view.

Do these protections extend to your car?

These protections do NOT extend to your car. True, people may live in their cars, or at least spend a good amount of time there. Not to mention, they store personal property and hold private conversations. But, at the end of the day, you use your car in public spaces. Therefore, they can pose a threat to police and society. So, the ability to search immediately is sometimes a safety concern. Therefore, The Supreme Court refused to extend the same protections that you have in your home. A police officer does not have to obtain a warrant to search your car. A warrant-less vehicle search at a DUI stop can be legal, depending on the circumstances. Even if your car is a “motor home,” it does not have the same protections as a piece of real estate.

So, what should I take away from all of this?

It’s important that you understand the different laws that apply to different pieces of your property. Your home is a sacred space, even to the government. But your car is another story. So, it’s important that you free your car of anything incriminating. While the search must be lawful, it can stem from a number of circumstances— especially if anything is in plain view, and especially if you’re driving under the influence. So, drive safe, drive clean, and understand the law before taking chances.