10 Common DUI Myths in California — And the Truth Behind Them

  • Adam Cohen,
  •   DUI
  •   Comments Off on 10 Common DUI Myths in California — And the Truth Behind Them
A man inside a car taking a breathalyzer test from a police officer during a traffic stop.
Photo Credit: Pexels

When it comes to DUI charges in California, some common myths and misconceptions can lead people to make mistakes when handling a DUI charge. Misinformation and lack of understanding can lead to an increased risk of a conviction or harsher penalties. At Ticket Crushers Law, it is our goal to ensure our clients are empowered with the proper expertise and assistance to make educated decisions regarding their court case. 

We want to set the record straight and clarify some of the most common myths, misconceptions, and false information in the DUI world. Check out some of the most common myths that we have debunked below!

Truth: In California, police can arrest and charge you with a DUI even if your Blood Alcohol Content (BAC) is below 0.08%. The law distinguishes between different types of DUI offenses, including:

In California, the legal BAC limit for drivers over the age of 21 is 0.08%. However, this is determined by the discretion of the officer who has pulled you over. If a law enforcement officer observes signs of impairment, such as slurred speech, erratic driving, or poor coordination, they can arrest you despite your BAC level. This means it is still possible to be arrested for a DUI for drivers with a lower BAC than 0.08% as long as there is probable cause. 

Some additional exceptions also exist depending on the circumstances: 

2. Myth: Refusing a Breathalyzer Test Means You Can’t Be Convicted

Truth: Refusing a post-arrest breathalyzer or chemical test does not protect you from DUI charges and often results in harsher penalties. California’s Implied Consent Law requires all drivers to submit to chemical testing if lawfully arrested for DUI. A chemical DUI test includes blood test, breath test, or urine test. Refusal to take the test after arrest results leads to a mandatory license suspension and other penalties. Drivers have a choice between breath and blood tests, but a blood test is mandatory if the officer suspects drug impairment. 

Refusing a chemical test can lead to:

Additionally, police can still obtain a warrant for a blood draw, allowing them to test your BAC even if you initially refuse.

3. Myth: Sleeping It Off in Your Car Prevents a DUI

Truth: You can still face DUI charges even if you’re asleep in your vehicle. California courts have upheld DUI convictions in cases where officers found individuals:

  • Asleep behind the wheel with the engine running.
  • Parked with the keys in the ignition or nearby.
  • Admitting to prior driving while intoxicated.

Prosecutors may argue that you had “actual physical control” of the vehicle, especially if circumstances suggest you intended to drive. To reduce the likelihood of being charged, place your keys in the trunk and lie down in the backseat if you need to sleep off alcohol.

4. Myth: Only Reckless Driving Can Lead to a DUI Arrest

Truth: Officers don’t need to observe reckless or dangerous driving behavior to initiate a DUI stop. Many DUI arrests start from minor traffic violations, including:

  • Rolling through a stop sign.
  • Failing to signal a turn.
  • Driving with a broken headlight or taillight.

Once an officer pulls you over for a traffic infraction, they can conduct a DUI investigation if they detect signs of impairment, potentially leading to an arrest even if your driving seemed safe.

5. Myth: A Good Lawyer Can Always Get DUI Charges Dismissed

Truth: While an experienced DUI attorney can significantly improve your chances of reducing or dismissing charges, no legal outcome is guaranteed. Courts consider several factors, such as:

  • Whether the arresting officer had probable cause to stop your vehicle.
  • The accuracy and calibration of breath or blood testing devices.
  • Whether law enforcement followed proper procedures during the arrest.

A skilled DUI lawyer can identify weaknesses in the prosecution’s case, challenge the reliability of field sobriety tests, and suppress evidence obtained unlawfully—but not every case results in dismissal.

6. Myth: A DUI Is Just a Minor Traffic Offense

Truth: In California, a DUI is classified as a criminal offense, not a traffic infraction. Even a first-time DUI conviction carries serious consequences, including:

  • Fines that can exceed $2,000.
  • License suspension lasting at least four months.
  • Mandatory DUI education programs lasting three to nine months.
  • Possible jail time of up to six months (though rarely imposed for first offenses).

Repeat offenses or aggravating factors—such as causing injury—can escalate charges to a felony with far more severe penalties.

7. Myth: You Can’t Be Arrested for DUI If You’re Under 21

Truth: California enforces a zero-tolerance policy for underage drinking and driving. Drivers under 21 can face penalties with a BAC as low as 0.01%, even if they show no signs of impairment. Under Vehicle Code 23136, consequences include:

  • A one-year driver’s license suspension.
  • Court fines and mandatory alcohol education programs.
  • Potential additional DUI charges if impairment is evident.

Underage drivers face stricter scrutiny and fewer legal allowances than adult drivers when alcohol is involved.

A policeman performing a sobriety test on a driver.
Photo Credit: Getty Images

8. Myth: You Must Take Field Sobriety Tests If Asked

Truth: California law does not require you to take field sobriety tests (FSTs) during a DUI stop. These tests, which include the walk-and-turn, one-leg stand, and following a cop’s light with your eyes, often rely on subjective interpretation and environmental conditions.

Politely refusing FSTs typically carries no legal penalty, unlike refusing a chemical test after arrest. However, once arrested, you must submit to a breath or blood test to avoid automatic license suspension.

9. Myth: A DUI Will Disappear from Your Record in Seven Years

Truth: A DUI remains on your criminal record permanently unless you take legal action to expunge it. For sentencing purposes, California courts treat prior DUIs as relevant for ten years. This means if you are arrested again within that period, your previous offense will result in enhanced penalties.

While you may expunge a DUI after completing probation, the offense still appears on your driving record with the DMV, which can affect insurance rates and future driving privileges.

10. Myth: DUI Checkpoints Are Illegal in California

Truth: DUI checkpoints are legal in California when law enforcement complies with specific constitutional guidelines. These checkpoints must follow rules such as:

  • Providing advance public notice of the checkpoint location.
  • Using a neutral formula to stop vehicles, such as, every third car.
  • Keeping stops brief unless signs of impairment are present.

You are allowed to legally turn around to avoid a checkpoint—as long as you don’t break traffic laws or drive recklessly while doing so.

Final Thoughts

Understanding the reality behind DUI laws in California can help you avoid serious legal trouble. Misinformation can cost you your freedom, your license, and thousands in fines. If you’re facing DUI charges, our team at Ticket Crushers Law offers experienced, aggressive defense strategies designed to protect your rights and minimize the impact on your life. Ticket Crushers provide a free consultation either over the phone or in the office. Call 1-866-TICKET-HELP to discuss your case and find out what you need to do right now to protect your rights after a criminal accusation or a citation for a traffic violation.