When it comes to drunk driving, there are a lot of DWI myths about how drivers can sober up more quickly and pass a breath or blood test.
Most of these are indeed myths. There are ways you can beat a DWI if the traffic stop was improper or a police officer committed misconduct. However, drinking black coffee is not one of them.
DWI myths are enduring
Many drivers think if they have just one drink or one alcoholic drink an hour, they won’t fail a breath test. The theory is that the alcohol will be absorbed and eliminated from the body in that time. This is not always the case.
This theory oversimplifies the complex business of metabolism which depends on variables including body weight, gender, hydration and how much you have eaten. There’s no hard or fast rule that can determine blood/alcohol content.
We often hear the argument that a strong coffee will combat the effects of alcohol. It may make you feel more alert, and you may feel soberer but won’t affect your blood/alcohol content. Eating food or drinking a strong coffee before driving home will not affect your blood alcohol content and help you pass a test. Nutrient absorption in the stomach in the form of food or drink has no effect at all on your BAC.
The idea that mouthwash will help you beat a breath test has been around for many years and is often debunked, but we still hear it. There is no validity to this argument. Although mouthwash can hide the smell of alcohol, it does nothing to lower your blood/alcohol content.
Taking mouthwash may even make you even more intoxicated because some products contain alcohol.
It’s rare, but you can be charged with a DWI if you were not behind the wheel. If an officer sees you walking around drunk and has evidence that you were driving recently, you could be charged with a DWI.
There are also cases in which DWI charges have been brought when drivers are behind the wheel of a car and have the key in the engine, but are sleeping and the car has not moved.
It’s a myth that you should do everything a police officer asks you to do. However, you should be aware that Texas has an implied consent law. You are assumed to implicitly agree to a breath or a blood test if an officer has a reason to administer one.
However, you don’t need to answer all questions and have a right to remain silent. You don’t have to take part in field sobriety tests. You have the right to have a blood test carried out by a medical professional of your choice within two hours of your arrest.
One thing you should do is contact an experienced DWI lawyer as soon as possible if you are arrested. Gary Medlin of the Medlin Law Firm has decades of experience in representing DWI defendants. Call us today at (682) 204-4066.
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