A DWI arrest can leave you confused, embarrassed, and unsure of what to do next. Many people turn to friends, internet searches, or old stories they have heard about drunk driving charges. The problem is that many of those stories are based on myths.
Believing the wrong information can hurt your case. It can also lead you to say the wrong thing, miss an important deadline, or assume that you do not need legal help.
At the Law Office of Jesse Hernandez, our San Antonio criminal defense team helps clients understand the reality behind DWI charges. If you were arrested for DWI, it is better to speak with a DWI attorney than rely on common myths.
Myth 1: Gum or Mints Can Help You Beat a Breath Test
Many people believe that gum, breath mints, mouthwash, or breath spray can help them pass a breath test. This is one of the most common drunk driving myths.
Breath tests do not simply check whether your breath smells like alcohol. They are used to estimate alcohol concentration. A mint may cover an odor, but it will not remove alcohol from your body.
In some cases, mouthwash or breath sprays may even contain alcohol. That can create more confusion during a stop. If you are pulled over, trying to hide the smell of alcohol may also make an officer more suspicious.
A DWI lawyer can review how a breath test was handled, whether the device was maintained, and whether the test results should be challenged.
Myth 2: You Cannot Be Arrested for DWI Without Drinking Alcohol
A DWI charge does not always involve alcohol. In Texas, intoxication may involve alcohol, drugs, controlled substances, prescription medication, over-the-counter medication, or a combination of substances.
This means a person can be arrested for DWI even if they never had a drink. Police may claim that a driver lost the normal use of mental or physical faculties because of medication or another substance.
This can be especially stressful for people who took medication legally. A valid prescription does not automatically protect you from a DWI charge. The question is often whether the substance impaired your ability to drive.
If your case involves medication or drugs, contact a DWI attorney who can review the facts and explain your legal options.
Myth 3: You Are Safe if Your BAC Is Below 0.08
Many people believe they cannot be charged with DWI unless their blood alcohol concentration is 0.08 or higher. That is not always true.
A BAC of 0.08 or higher can support a DWI charge. However, prosecutors may also argue that a person was intoxicated because they lost the normal use of mental or physical faculties. This means a driver may still face a DWI charge even if the BAC number is below 0.08.
These cases often depend on officer observations, driving behavior, field sobriety tests, statements, body camera footage, and other evidence.
A DWI lawyer can examine whether the evidence truly supports the charge.
Myth 4: You Cannot Get a DWI if the Car Was Not Moving
Some people believe they cannot be charged with DWI unless police saw them driving. This is not always how these cases work.
Texas DWI law focuses on operating a motor vehicle in a public place while intoxicated. Operation can be argued in different ways, depending on the facts. A person found in a parked car may still face a DWI investigation if police believe they had control over the vehicle.
For example, officers may look at whether the engine was running, where the keys were, where the car was located, and whether there is evidence the vehicle had been driven.
These details matter. A DWI attorney can review the facts and determine whether the prosecution can prove operation.
Myth 5: Refusing a Breath or Blood Test Makes the Case Go Away
Some drivers believe that if they refuse a breath or blood test, there will be no evidence against them. This is risky.
A refusal does not automatically end a DWI case. Prosecutors may still use other evidence, including officer observations, video footage, driving behavior, witness statements, field sobriety tests, and the fact that a refusal occurred.
A refusal may also create driver’s license issues. DWI cases can involve both criminal court and administrative license matters, so it is important to act quickly.
If you refused testing after a DWI arrest, contact a DWI lawyer as soon as possible.
Myth 6: A First DWI Is Not Serious
A first DWI can still carry serious consequences. Even without prior convictions, a person may face fines, jail time, license suspension, increased insurance costs, and a permanent criminal record.
A DWI can also affect your job, professional license, immigration status, child custody matters, school opportunities, and reputation. For many people, the long-term consequences are just as stressful as the court process.
A first offense should not be treated casually. The sooner you get legal guidance, the sooner you can understand the charge and what steps may be available.
Myth 7: Field Sobriety Tests Are Always Accurate
Field sobriety tests are often used during DWI investigations. These tests may include walking in a straight line, standing on one leg, or following an object with your eyes.
Many people assume these tests are scientific and always accurate. In reality, many factors can affect performance. Nervousness, fatigue, medical conditions, injuries, footwear, uneven ground, weather, and unclear instructions can all play a role.
A poor performance does not always mean a person was intoxicated. A DWI attorney can review body camera footage and look for issues with how the tests were explained, performed, and scored.
Myth 8: Prescription Medication Cannot Lead to a DWI
Taking medication legally does not mean you are safe from a DWI charge. Prescription drugs can affect reaction time, coordination, judgment, and alertness.
Some medications cause drowsiness or dizziness. Others become more dangerous when combined with alcohol or another substance. Police may use these facts to support an impaired driving allegation.
If your DWI charge involves prescription medication, it is important to explain the situation to your lawyer. Your attorney can review the evidence and help determine how the medication issue affects the defense strategy.
Myth 9: Coffee, Food, or a Cold Shower Can Sober You Up Fast
Many people believe coffee, food, water, or a cold shower can quickly make them sober. These things may make someone feel more awake, but they do not remove alcohol from the body in a meaningful way.
Time is the main factor that lowers alcohol concentration. Trying to “sober up” quickly before driving can lead to poor decisions and a serious criminal charge.
After an arrest, the focus should shift from myths to legal protection. Speak with a DWI lawyer before making statements about what you drank, ate, or did before driving.
Myth 10: You Should Explain Everything to the Officer
Many people want to talk their way out of a DWI stop. They may think that if they are polite and explain themselves, the officer will let them go.
Being respectful is important. However, giving too much information can hurt your case. Statements about where you were, what you drank, what medication you took, or how you feel may later be used by prosecutors.
You have rights during a DWI investigation. A DWI attorney can help you understand how those rights apply after an arrest.
Myth 11: A DWI Charge Means a Conviction Is Automatic
A charge is not the same as a conviction. Prosecutors must prove the case. Evidence can be challenged, and every DWI case should be reviewed carefully.
Possible issues may include:
- An unlawful traffic stop
- Problems with the arrest
- Improper field sobriety testing
- Breath or blood testing issues
- Weak evidence of intoxication
- Lack of proof that the person operated the vehicle
- Body camera footage that conflicts with the police report
- Constitutional rights violations
No attorney can promise a specific result. However, a careful defense strategy can help you understand the strengths and weaknesses of the case against you.
Talk to a DWI Attorney Instead of Trusting Myths
Common DUI misconceptions, myths, and facts can be confusing. Some myths sound harmless, but they can lead to serious mistakes after a DWI arrest.
A DWI charge can affect your freedom, license, job, record, and reputation. You should not make decisions based on rumors or advice from people who do not know Texas DWI law.
At the Law Office of Jesse Hernandez, our San Antonio criminal defense team provides straightforward guidance for people facing DWI charges. We can review the evidence, explain the process, and help you make informed decisions about your case.
We offer free case evaluations, 24/7 availability for urgent criminal defense matters, and fluent Spanish-speaking team members. If you were arrested for DWI in San Antonio, contact the Law Office of Jesse Hernandez today to speak with a DWI lawyer.
