Do you think you know everything there is to know about DWI charges and penalties?
Here’s the problem: Most people have all the wrong ideas about how DWI charges work. They believe DUI myths, half-truths, and tales from friends who “know someone” who beat a DWI charge.
The truth is that approximately 865,000 DUI arrests occur each year as of 2025, and the majority of those facing charges are walking into court with deadly misconceptions about the DWI process.
Here’s why this matters: Listening to myths can cost you thousands in fines, your driver’s license, and even your freedom. When you face DWI charges information becomes critical and working with an experienced DWI attorney can make the difference between a conviction and reduced charges or outright dismissal.
Here’s what you’ll discover:
- The Biggest DWI Myths People Believe
- Why “Just a Few Drinks” Can Still Get You Arrested
- What Really Happens During Field Sobriety Tests
- The Truth About Refusing Breathalyzer Tests
- Why First-Time Offenders Aren’t Safe
The Biggest DWI Myths People Believe
Want to know the single most dangerous myth about DWI charges?
“You can only get arrested if your blood alcohol is 0.08% or higher.”
Totally not true… And believing it has already landed thousands of people in handcuffs.
Here’s the truth: You can be arrested and convicted of DWI even if your blood alcohol concentration is below the legal limit. The officer only needs probable cause that you’re impaired to make an arrest.
If you’re driving erratically because you’re tired, stressed out, or on prescription medication, an officer can arrest you for DWI. They don’t have to prove you were drunk, just that your driving ability was impaired.
The “I Only Had Two Beers” Defense Doesn’t Work
Here’s another common DWI myth that routinely gets people in trouble:
“I only had a couple of drinks, so I’m good to drive.”
Your blood alcohol concentration has way more factors than the number of drinks you’ve had. Your weight, gender, metabolism, food consumption, and even stress levels all play a role.
Two drinks for a 120-pound woman can put her over the legal limit. Three drinks for the average man will do the same. And your BAC keeps rising for up to three hours after you stop drinking.
That means you could feel “fine” when you leave the bar but be legally intoxicated by the time you get pulled over.
What Really Happens During Field Sobriety Tests
Field sobriety tests aren’t there to prove that you’re sober. They’re there to give the officer evidence they can use to prove you’re impaired.
The three standardized tests have multiple failure points. The average sober person fails these tests about 30% of the time.
Why do people fail while sober? Bad knees, being overweight, anxiety, poor coordination, age-related balance issues, or wearing the wrong shoes.
What the police don’t tell you is you can refuse field sobriety tests in most states. You’ll probably still get arrested, but the officer won’t have failed test results to use against you in court.
The Breathalyzer Refusal Myth
People often ask us, “Should I refuse the breathalyzer test?”
It’s where things start getting complicated…
Most states have “implied consent” laws. By having a driver’s license, you’ve already agreed to take a chemical test (breathalyzer) if arrested for DWI. Refusing a breathalyzer can result in automatic license suspension (sometimes longer than for a DWI conviction).
But here’s what people are missing: There is a difference between the roadside breath tests and the post-arrest chemical tests.
You can usually refuse the roadside portable breath test without penalty. But if you refuse the official test at the station you automatically trigger the harsh implied consent penalties.
Why First-Time Offenders Aren’t Safe
Think first-time DWI offenders are getting off easy?
Think again.
First-time DUI offenses can cost upwards of $10,000 in fines and legal fees alone. That’s not counting license suspension, mandatory alcohol education classes, increased insurance rates, possible jail time, and ignition interlock device installation.
What really gets people is many states treat first-time DWI as a criminal offense, not just a traffic violation. You end up with a permanent criminal record.
The “I Wasn’t Actually Driving” Defense
You can get a DWI without actually driving. In most states, you just need to be in “physical control” of the vehicle.
Sitting in the driver’s seat with keys, even if parked and turned off, is enough for DWI charges in many states.
People get arrested for DWI while: sleeping it off in their car, sitting in a parking lot with the engine running, moving their car between parking spots, or warming up their car in the driveway.
The lesson here? If you need to sleep it off, don’t get in the driver’s seat.
The Prescription Medication Trap
“You can’t get a DWI for taking legal prescription drugs.”
Wrong. You can and will be arrested and convicted of DWI for driving while impaired by prescription medications – even if you’re taking them exactly as directed.
Pain medications, anti-anxiety medications, sleep aids, anti-seizure medications, and even some antidepressants.
The key factor isn’t whether the drug is legal – it’s whether it impairs your ability to drive safely.
The “Penny in the Mouth” and Other Tricks
Want to hear about all those “tricks” to beat a breathalyzer?
Don’t waste your time. They’re all myths. Pennies in your mouth don’t work (stop making copper pennies in 1982, did you know that?). Breath mints or mouthwash will make readings higher. Coffee or cold showers won’t lower your BAC, only time does.
The truth is simple: there’s no trick, device, or home remedy that will beat a properly calibrated breathalyzer machine.
Why These Myths Are So Dangerous
With 32% of all fatal crashes involving alcohol in 2022, courts and prosecutors take DWI charges seriously.
Walking into court believing these myths means you’re completely unprepared to face the legal system. You may miss important deadlines, fail to gather exculpatory evidence that could help your case, accept a bad plea deal, or face unnecessarily harsh penalties.
The bottom line? DWI law is complicated, and the stakes are too high. “Just a traffic ticket” isn’t just a traffic ticket.
Final Reality Check
Every case is different. The circumstances of your arrest, the evidence against you, and even which judge hears your case can dramatically change your outcome.
That’s why internet myths are so dangerous. What worked for someone else, with different evidence in a different court, may not apply to your situation at all.
With 29% of DWI arrests being repeat offenders, it’s clear people aren’t learning from these experiences.
Don’t become another statistic by believing the wrong information.
The smart move is to get facts from someone who knows the law in your state, understands local court procedures, and can evaluate the specific evidence in your case.
Bottom Line Up Front
DWI misconceptions can cost you thousands of dollars and years of consequences. The myths about blood alcohol limits, field sobriety tests, and first-offense penalties are all half-truths that leave people unprepared for DWI charges.
The truth is professional legal guidance isn’t just a nice to have when facing DWI charges – it’s essential for protecting your rights, your license, and your future.
