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Unveiling the Myths: What Really Happens In A DUI Arrest Consultation


There is a lot of misinformation floating around. It's crucial to debunk these myths and get accurate information about what happens during a DUI arrest consultation. Many people have misconceptions about the presence of certain details, testing procedures, and the overall experience of going through court proceedings. That's why it's important to shed light on these common misconceptions and provide the truth.

We'll address questions such as what tests are conducted during a DUI arrest, what rights individuals have during this process, and how booking equipment plays a role. By uncovering the truth behind these myths, we aim to empower our clients and equip them with reliable information.

So buckle up as we embark on this journey to unveil the myths surrounding DUI arrests and provide valuable insights that can make all the difference in your understanding of this complex legal process.

Myth 1: It's Just a Formality

In reality, this initial consultation is the foundation for your defense. Experienced attorneys understand the weight of this meeting and use it to gather essential information about the case. The goal is not only to discuss the charges but also to assess the client's demeanor, potential legal issues, and any irregularities in the arrest process.

For those facing a DUI charge, the consultation is an opportunity to start crafting a tailored defense strategy. The attorney may inquire about the circumstances leading to the arrest, the conduct of law enforcement officers, and any details that might influence the case's outcome. This myth-busting realization underlines the importance of taking the consultation seriously and being forthcoming with information.

Myth 2: Your Fate Is Sealed

A skilled attorney will use the information gathered during the consultation to begin crafting a defense tailored to the specifics of your case. From challenging the validity of field sobriety tests to examining the calibration records of breathalyzer machines, consultation is the starting point for a meticulous investigation.

Understanding the intricacies of your case is essential in determining the most effective defense strategy. Attorneys may explore potential procedural errors, violations of your rights, or inaccuracies in the evidence against you. This myth debunking underscores the proactive role an attorney plays in shaping the trajectory of your defense.

Myth 3: One-Size-Fits-All Advice

During the consultation, a reputable attorney will carefully analyze the details of your case and provide guidance tailored to your situation. This may involve discussing potential defense strategies, explaining the legal process, and offering realistic expectations. The myth that legal advice in DUI cases is generic and predictable is shattered when individuals experience the personalized attention and tailored counsel that a reputable attorney provides.

Myth 4: Silence Is Golden

While it's essential to be cautious about self-incrimination, consultation is not a scenario where absolute silence is the best strategy. Attorneys need information to build a solid defense, and clients must communicate openly about the events leading up to the arrest.

Strategic communication during the consultation involves providing accurate information while refraining from unnecessary admissions. This myth-busting reality underscores the importance of open dialogue between the client and their attorney to ensure a comprehensive understanding of the case.

Myth 5: It's All About Guilt

During the consultation, an attorney will emphasize the presumption of innocence and discuss the burden of proof on the prosecution. This involves challenging evidence, examining arrest procedures, and identifying weaknesses in the prosecution's case. Recognizing that building a strong defense begins with asserting your rights and challenging the case against you is pivotal in dispelling this myth.


Dispelling Common DUI Myths

  • Debunking The Myth That You Can't Fight A DUI Charge

So, you've heard people say that if you get arrested for a DUI, there's no point in fighting it because you're automatically guilty. Well, let me tell you, that's just not true! In fact, it's a common misconception that can lead people to give up without even trying to defend themselves.

The reality is that everyone has the right to fight a DUI charge. Just because you were arrested doesn't mean you're automatically guilty. There are many factors that can come into play during a DUI arrest, such as improper police procedures or faulty equipment. By working with an experienced DUI defense attorney, you can explore all possible defenses and ensure your rights are protected.

  • Exploring The Misconception That All Field Sobriety Tests Are Foolproof

You may have seen those field sobriety tests on TV shows where people stumble around and fail miserably. But here's the thing: field sobriety tests are not foolproof indicators of intoxication. In fact, they can be quite subjective and prone to errors.

Field sobriety tests like walking in a straight line or balancing on one leg rely heavily on an officer's interpretation of your performance. Factors such as nerves, physical conditions, or even poor lighting conditions can affect your ability to perform these tests accurately. It's important to remember that these tests are not definitive proof of impairment and should be challenged by an experienced attorney who understands their limitations.

  • Challenging The Belief That Breathalyzer Test Results Are Always Accurate

Ah yes, the breathalyzer test – the holy grail of evidence in a DUI case...or is it? Contrary to popular belief, breathalyzer test results are not infallible.



Steps To Take Post-DUI Arrest

If you find yourself in the unfortunate situation of being arrested for DUI, it's crucial to know what steps to take next. By taking immediate action, you can protect your rights and potentially minimize the consequences you may face. Here are some important steps to consider after a DUI arrest:

Outlining Crucial Steps to Protect Your Rights After a DUI Arrest

  1. Remain Calm: It's understandable to feel overwhelmed or scared after a DUI arrest, but it's important to remain calm and composed. Panicking or acting aggressively can escalate the situation and potentially have negative consequences.

  2. Exercise Your Right to Remain Silent: When interacting with law enforcement officers, remember that you have the right to remain silent. Anything you say can be used against you in court, so it's best not to provide any self-incriminating statements until you have legal representation.

  3. Cooperate Within Reason: While exercising your right to remain silent is essential, it's also important not to obstruct or resist law enforcement during the arrest process. Cooperate within reason by providing necessary information such as identification and complying with lawful orders.

  4. Document Everything: As soon as possible after your arrest, write down all the details about what happened leading up to and during the arrest. Include information such as time, location, officer names, and any other relevant details that could help your case later on.

  5. Contact an Experienced Attorney: Hiring an experienced attorney who specializes in DUI cases is crucial for navigating through legal proceedings effectively. They will guide you through the entire process, explain your rights, and develop a strong defense strategy tailored specifically to your case.


Breathalyzer Myths Clarified

You may have heard that using mouthwash or popping a mint can help you beat a breathalyzer test. Using mouthwash or mints won't change the alcohol content in your breath. The truth is, that these products might temporarily mask the smell of alcohol, but they won't fool the breathalyzer machine.

  • Hyperventilating Can't Trick a Breathalyzer Test

Some people believe that if they hyperventilate before taking a breathalyzer test, it will lower their blood alcohol concentration (BAC) and give them a pass. But sorry to burst your bubble, folks, this is nothing more than a misconception. Hyperventilating doesn't eliminate alcohol from your system; it only increases oxygen levels temporarily. The breathalyzer measures the amount of alcohol in your breath, not how much air you've breathed in.

  • Burping Or Belching Won't Alter Breathalyzer Readings

If you think that letting out a big burp or belch right before blowing into a breathalyzer will lower your BAC reading, think again! Burping or belching won't affect the results of a breathalyzer test because it measures the alcohol content in your deep lung air. So even if you manage to release some gas before blowing into the device, it won't make any difference to the outcome.

Now that we've cleared up these myths surrounding breathalyzers let's get back to reality. It's important to understand how these tests work and what factors can influence their accuracy.



Arming yourself with the truth about what transpires in a DUI arrest consultation is the first step toward empowerment in navigating the legal landscape. By dispelling myths, understanding the intricacies, and embracing the role of legal counsel, you pave the way for a more informed and strategic defense. Stay informed, stay protected.

In the end, the DUI arrest consultation is not a mere ritual but a crucial opportunity to shape your defense and safeguard your rights. It's a collaborative process between you and your attorney, a strategic dialogue that can influence the trajectory of your case. By unraveling the myths surrounding this critical moment, individuals can approach their legal challenges with a clearer understanding and greater confidence in the pursuit of justice.






With Lynn Gorelick you don't have to face criminal charges alone. You will receive personal attention to your case. Ms. Gorelick will be the one to appear in court with you from beginning to end. Ms. Gorelick, herself, will be doing your DMV hearings. You will not be handed off to another attorney or associate. You deserve this kind of attention to your needs at this stressful time. Ms. Gorelick has represented people charged with DUI for over 38 years.  She has NEVER been a prosecutor who pursues convictions. She has only DEFENDED people accused of crimes. Contact us today for your consultation!



The materials available on this website are for informational and entertainment purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.  You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The information presented on this website may not reflect the most current legal developments.  No action should be taken in reliance on the information contained on this website and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law.


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