Top 8 DUI Misconceptions in Knoxville

When people come to me with their DUI case, their understanding of the legal process is always riddled with misconceptions. People often try to find ways to dissuade an officer from suspecting that they’re drunk by either putting a penny in their mouth, or reciting the alphabet backwards, or other false gimmicks.  To bring to light these misconceptions, here is a list of moments when the myth meets the reality.

I refused a BAC test. My license will be revoked.
This is not true, although there is a stigma among the jury against defendants that refuse to undergo testing.

I am guilty if my BAC is over the legal limit.
This is also not true. Should this be true, we would lose many of our cases, and we do not.

The higher the lawyer charges indicates his quality
There is an insignificant correlation between the cost of a lawyer’s service, and the quality of his defense. Fees are derived from the expense of staff, and the cost of rent for the law office.

The Judicial system treats people equally therefore my case will be tried solely on its merits, and facts.
The judicial system is flawed, and dependent upon the opinion of people. If that weren’t true, there would be no use in even hiring a lawyer who serves to discourage prejudice.

My innocence is enough to win my case. I do not need a lawyer.
Many of my clients were innocent. Being charged with DUI is embarrassing, and even more so when you did not commit the crime. People are very upset at the inconvenience of being charged with a crime, and although you are innocent you might be charged guilty. Without professional representation, it is very unlikely that you will win your case by defending yourself and pleading innocent.

This is my first offense, so there won’t be much of a problem winning my case.
Most DUI cases are first-time offenses, and it is those same cases that receive harsh penalties. You will receive worse penalties for repeated offenses, but your first offense will not be judged with any restraint.

The court will provide a lawyer for me pro Bono, so I do not need to pay for a lawyer.
For the court to provide you with a lawyer, you must qualify financially. This is determined by the judge who would have to classify you as indigent. Good lawyers are plentiful in the pro bono pool, but those same lawyers are often swamped with work and will not focus solely on your case.

I was driving under the influence of my prescription medication, and not any illicit substances. I am not guilty.
Federal law does not literally distinguish between illegal drugs and prescription drugs. It is determined by the judge whether you are guilty or innocent, but federal law will not assist you in this case. Police officers are advised to stop and arrest individuals under the influence of all drugs, whether they are prescription or illegal.

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The Law Office of Paul Hensley is available for client meetings Monday through Friday, 8am – 5pm. Reserve your hesitation for a moment that warrants it, but right now is not an opportune moment to waste time. You don’t want to be in this situation, but be assured that our firm has a strong legal defense in DUI litigation.