MYTHS AND FACTS 

CRIMINAL DEFENSE AND PERSONAL INJURY Accident attorney

SAIENNI LAW

 MYTH:          DUIs are not about the $$$.  It’s about public safety!

FACT:            Statistically, DUIs cause no more accidents, injuries or fatalities than other forms of distracted driving and less than many.  Texting, eating, reading, applying make-up, fidgeting with the radio, fidgeting in the glove box, and talking on a cell phone statistically are equal or worse than DUIs.  BUT, those types of distracted driving don’t bring in the same level of revenue as DUIs and they don’t carry the same theatrical hysteria that gets people who don’t understand all riled up.  This is not to say that we condone driving while intoxicated!  Actually being intoxicated and being charged with DUI are two completely separate things. 


MYTH:          It’s simple!  Just don’t drink and drive and you don’t need to worry about getting a DUI!

FACT:            We’ve defended many DUIs well below the legal limit and some with a blood alcohol concentration of ZERO!  Any insignificant traffic driving mistake will get you pulled over. From late afternoon on, your chances of being arrested for DUI, whether you’ve been drinking or not, are extremely high.  They bank on people getting charged and not thinking they can beat it so they just plead guilty and pay the extortionate fees and fines.  It’s all about the MONEY!

MYTH:          You can’t get a DUI if you’re using your prescribed medication.

FACT:            They don’t care if it’s prescribed or not.  They’ll fabricate that your prescribed medication affected your ability to drive and arrest you for DUI.  And don’t think a medical marijuana card will wise these guys up any – same thing applies.  Easy cases to beat because we simply prove that your prescribed medicine doesn’t affect your driving ability, but it won’t keep them from arresting you hoping you’ll not fight it and just plead guilty and pay their ransom and go to jail like a good little citizen.

 MYTH         You have to perform the field sobriety tests that the officer demands.

 FACT:            NO YOU DON”T – TELL THE COP TO POUND SAND!  Actually, just politely decline.  He’ll tell you that you have no choice but he can’t force you to do them.  The most they can do is tell the judge and jury at trial that you refused and that’s easy to deal with.  THIS INCLUDES THE EYE TEST – DON’T DO IT!  Don’t walk the line, stand on one leg, touch your nose or any of it.  They’re all made to fail!  Cops don’t even tell you what they’re grading you on – TOTALLY UNFAIR.  AND, THE COP’S JUST GOING TO WRITE DOWN YOU FAILED ANYWAY SO WHY GIVE HIM THAT EVIDENCE?

 MYTH:          You have to blow into the portable hand held breath test device.

 FACT:            The portable breath test device is not an approved device.  It’s not calibrated, has no print out, and has absolutely no safe guards.  IT’S NOT ADMISSIBLE IN COURT!  Politely decline.

 MYTH:          You have to submit to the blood or urine test at the police station or the breath test on the larger Intoxilyzer breath test machine.

 FACT:            You don’t have to submit, but you may want to. Cops can’t force you to provide a breath or urine sample (although some think they can.)  But they can get a search warrant, strap you down, and take blood.  They will read you a warning that says if you don’t submit to these tests your license will be suspended for a year.  And, with the warrant, they’ll get your blood anyway.  We can deal with the blood, breath and urine tests so, even though you can decline, our advice is not to.

 MYTH:          The blood, breath and urine readings don’t lie.  If they say you’re over the legal limit or on drugs there’s no fighting it.

 FACT:            All scientific testing carries an error range.  It doesn’t matter if you’re measuring the distance to the moon, the depth of the ocean, or whatever.  Cops and prosecutors don’t want you to know this.  It’s the same with blood, breath and urine testing.  An Intoxilyzer error range is 40%.  That means it can read that you’re way over the legal limit when you’re actually way under.  And that’s if it’s not malfunctioning.  If the blood, breath or urine testing instruments are malfunctioning, and they usually are, the reading can be so far off it can’t be used in court.

 MYTH:          The police crime “laboratory” is staffed with highly trained scientists who are never wrong.

FACT:            THEY’RE NOT EVEN REAL LABORATORIES!  They’re rooms and buildings owned by the police and staffed with civilian police employees who may or may not have even taken any science in college!  They’re equipment is shoddy and they often don’t know what they’re doing.  THAT’S WHY THEY TRY TO HIDE THEIR “WORK” SO MUCH!  Real laboratories in hospitals, universities, etc., pride themselves on following the scientific method and providing total transparency so their work can be analyzed and critiqued.  These police employees don’t even know what transparency or the scientific method is and their blood, breath and urine testing is so bad they have to hide all of the work they have done that provides them with their final alleged results.

MYTH:          Courts always side with the cops and prosecutors.

FACT:            Not any more.  While there was some evidence that courts, just another part of the government, were corrupt and bias toward their government buddy cops and prosecutors, that has changed.  Just this year the Arizona Supreme Court said that these fake “labs” can no longer hide their lack of training, machine malfunctions, incompetence, etc., and MUST DISCLOSE EVERYTHING TO THE DEFENSE!  THEY CAN’T HIDE THEIR CORRUPTION LIKE THEY USED TO!

MYTH:          You can’t beat a DUI charge.

FACT:            If you’ve read this far, no clarification is needed.  You know they can be beat.  Sometimes, quite easily.  Remember, they count on you just believing you’re doomed and pleading guilty, paying their extortion $$$ and prancing off to jail.  Furthermore, if the legal elements exist for a malicious prosecution lawsuit, you can hold the government accountable for having put you through all that nonsense arresting you in the first place.