Criminal Defense
Since 1993
Since 1993
The Top 3 DUI Myths
There are three common myths surrounding Florida DUI’s, and we’re going to cover them in this video. If you’ve been arrested for DUI, you may wonder about these issues, so let’s dive into it.
I’m doing this video because DUIs can be illogical and counterintuitive. The first myth about DUIs has evolved from folks calling this crime “drunk” driving. On a DUI, the prosecutor doesn’t need ot prove that you were drunk, they only need to prove that your normal faculties were impaired, or that you blew over a 0.08. And, these topics have had entire books written about them, or well, at least small e-books.
Anyway, a DUI charge isn’t a drunk driving charge, its just impaired driving that gets you convicted of DUI. The next myth involves “driving”. Even though the charge is “driving” under the influence, the prosecutors don’t need to prove that you were driving the car. The prosecutor only has to prove that you had actual physical control of the car.
This is especially sad for the folks that are just tired after having some drinks and dinner so they take a little nap in their car only to be woken up by a cop–and arrested for DUI. Now, I know what you’re thinking, several country songs suggest sleeping it off in your car, I get that, but you can’t take legal advice from a country song, I’m just saying. Again, it is crazy that you can have a “driving” under the influence conviction without ever being caught driving, but that’s the law.
And if you think that’s bad, you can get a DUI just riding a bicycle on the street. No, not a motorcycle, just a bike like you had as a kid. Pedal power But if you’re drunk riding a bike, you can still get a DUI. Again, its crazy because who says they’re “driving” a bike? Do cops pull over elementary school kids and issue them citations for not having a “driver’s license” for “driving” a bike? No. You don’t drive a bike, you ride a bike.
You shouldn’t be able to get a driving under the influence riding a bike. But, I don’t write the laws, I just defend those accused of breaking them. I’m John Guidry, and if you’re facing a DUI in Orange County, Seminole, or Osceola County, give me a call, let’s see if we can help you out. Thanks for watching, take care.