DUI Myths and Facts in Palm Beach County


Learn how to decipher myths from facts when it comes to knowing how to beat a DUI.

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Know the Facts and How To Beat a DUI

With so much cultural conversation around DUIs and with various TV shows and movies referencing this specific legal issue, there are many myths and misconceptions around the details of DUI charges and how to beat a DUI. Knowing the facts is crucial to ensuring a strong case and the best chance at protecting your rights if you are pulled over and face DUI charges.


DUI Myths

Whether you are pulled over in the future or whether you’re confused about the details of your DUI arrest or charges, becoming aware of a few common misconceptions can help prepare you for the next steps and give you the best chance at knowing how to beat a DUI.

Many people assume that if they blow over an 0.08 on a breathalyzer test when they are pulled over while driving, they have no hope of beating DUI charges. While this evidence does make it more difficult to prove that you were not driving under the influence, it is not impossible.

Breathalyzer tests are not 100% accurate, and there are various protocols in place that police officers must follow closely a breathalyzer test to be valid. For example, the police officer must monitor the person taking the breathalyzer test beforehand since factors like eating, drinking or even burping can impact the outcome of the test. If these protocols are not accurately followed or if the machine malfunctioned, the results of the breathalyzer test can be challenged.

The myth that you can suck on a copper penny in order to throw off a breathalyzer test is false. Banking on this misconception in case you are pulled over will not work. Although breathalyzers are not 100% accurate, this tactic will not have a positive impact on the outcome of your experience.

Another common assumption is that if a police officer doesn’t witness you driving under the influence, you can’t be charged with a DUI. This is not true and making this assumption can actually put you at risk. It is possible to be arrested if an officer simply has reason to believe that you were driving under the influence, such as encountering you when pulled over or in a parking lot trying to “sleep it off.” In this situation, just as you would if pulled over while driving under the influence, it’s important to say as little as possible until you have the advice of a qualified attorney.

While there are additional consequences for refusing to take a breathalyzer test if pulled over by a police officer, you do not have to agree to perform field sobriety tests. If you decline, the officer may still arrest you if they believe there is other sufficient evidence to suggest that you were driving under the influence. However, declining this test can prevent giving the police officer any more evidence against you.

It’s also important to keep in mind that field sobriety tests can be impacted by various factors outside of a person’s level of intoxication, like footwear and medical conditions. These tests can be challenged if you are charged with a DUI and go to court, because they are flawed and not 100% accurate.

If you do decide to participate in a field sobriety test, know that passing it will not necessarily put you out of the woods. An officer can still arrest you based on other evidence if you pass a field sobriety test. Likewise, while common knowledge recognizes 0.08 as the “magic number” on breathalyzer tests, a blood alcohol level of even 0.05 can result in an arrest depending on other factors and additional evidence.


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Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of DUI cases and tried over 30 trials to verdict.

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Peterford Law Top Google-Rated DUI & Criminal Defense Attorney in Palm Beach County

Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of criminal cases and tried over 25 trials to verdict. With his extensive experience in criminal and DUI prosecution, Kevin presents a winning argument every time.

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Kevin has tried over 25 cases to verdict. In 2018 he was recognized for handling the most trials in Palm Beach County.

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As a former prosecutor and now defense attorney, Kevin has been involved with hundreds of cases in Florida.

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Field sobriety tests are voluntary!

Field sobriety tests are voluntary, which means you have the legal right to decline them. Being well-informed about field sobriety tests, your legal rights concerning them, and the potential consequences of both agreeing to and refusing them can prove highly advantageous in various non-CMV scenarios. If you find yourself uncertain about how to make this decision, don't hesitate to reach out to Peterford Law for guidance.

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Facts About Beating a DUI

With all of these myths in mind, it is important to understand that there is no single determining factor that will create an “open and shut” case or mean there is no hope in beating a DUI. For this reason, the best approach when you are pulled over is to say as little as possible and wait for the presence and advice of a qualified attorney.

From there, the best action you can take in figuring out how to beat a DUI charge you are facing is to hire a qualified and compassionate lawyer. Peterford Law is dedicated to protecting the rights of others and has experience as both a former prosecutor and as an attorney. Peterford Law has handled over a thousand cases, giving him the knowledge and background to expertly assist with your case. Request a consultation today!


Get Experienced Help

With a DUI charge, there’s no time to waste. It’s critical to have a skilled attorney who will work to fight your charge. Kevin Peterford’s experience on both sides of the courtroom gives him an edge to help your case. Don’t waste valuable time in preparing your own DUI case! Contact Peterford Law today.

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DUI and Criminal Defense Attorney Near Palm Beach County

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Kevin Peterford is a former prosecutor and has been on the other side of the courtroom. He has handled hundreds of DUI cases and tried over 30 trials to verdict.

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In the state of Florida, a DUI conviction is sealed on your record for 75 years.

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