Law Office of Lisa T. Story

(214) 280-2969 - DWI / MIP / DUI Defense
Denton County, Texas
 
 
 
 
 
 
 
 
 
 
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Common DUI Myths
   
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Content © 2008 by Lisa T. Story

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Myth 1: I know I’m not guilty of DUI because I wasn’t drunk.
I cannot count the number of times I heard this from a minor, both as a prosecutor and as a defense attorney. Many minors truly believe that if they are not legally intoxicated, they are not guilty of DUI. This is absolutely not true for those under 21.

Here is the logic. The legal drinking age in Texas is 21, therefore, it is illegal for people under 21 to drink ANY alcohol. Since it is illegal for them to have alcohol in the first place, it is illegal for them to drive with ANY amount of alcohol in their system. The legal standard for a DUI is “any detectable amount” of alcohol. Alcohol can be detected through a breath or blood test, field sobriety tests, or other means. In many jurisdictions, the mere odor of alcohol on a minor’s breath is enough to meet this standard. Texas has a true “zero tolerance” standard for minors and DUI.

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