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DUI Myths

The Top DUI Myths in a Santa Rosa DUI Case

Counsel From A Skilled DUI Attorney

People are often confused by the scientific and legal processes involving driving under the influence. Between peoples’ misunderstandings and the complex laws surrounding DUI, many DUI myths have spread by word of mouth. My name is Joe Bisbiglia and as the founder of The Law Office of Joe Bisbiglia, I have concentrated a great deal of my practice on DUI defense, and below I will be debunking common DUI myths, some of which you may be familiar with.

It is my mission as a Santa Rosa DUI lawyer to enforce my clients’ rights under the Constitution and exercise their right to effective counsel during the criminal process. Having handled thousands of cases and numerous jury trials and as a member of the California DUI Lawyers Association , you can turn to my firm for hard-hitting DUI defense!

Common DUI Myths Exposed

Myth: People with a high tolerance can handle their alcohol.

Having a high tolerance is called “functional tolerance,” meaning a body has decreased its sensitivity to alcohol’s effects. While a person with a high tolerance will not seem as drunk as a person with no functional tolerance, it does not mean that their blood alcohol concentration (BAC) is any lower.

Having a high tolerance is called “functional tolerance,” meaning a body has decreased its sensitivity to alcohol’s effects. While a person with a high tolerance will not seem as drunk as a person with no functional tolerance, it does not mean that their blood alcohol concentration (BAC) is any lower.

Myth: It’s okay to drive under the influence of prescription medication.

Under VC § 23152 (e), it is against the law for a person who is under the influence of any drug to drive a vehicle. This means that if you drive under the influence of a prescription sleeping drug, or an anti-anxiety medication, or any other legal or illegal drug, you can be arrested for driving under the influence.

Myth: Alcohol affects men and women the same.

This is not true. Since women have less of the enzyme dehydrogenase, which breaks down alcohol in the stomach and contributes to a higher BAC, women are affected more than men drinking the same amount of alcohol. Other reasons why women can’t break down alcohol as well as men include hormone levels, having a higher percentage of body fat and a lower percentage of water.

Myth: I can drink when I’m on medication.

People are often unaware of the effects of drinking while on medication. Medications such as anti-depressants should NEVER be mixed with alcohol. With anti-depressants, studies have proved that social drinking can cause severe drowsiness and impair driving, even hours after consuming just one alcoholic drink. Alcohol mixed with antihistamines (used in allergy medications) also cause severe drowsiness and increase the risks of an accident.

To learn more about California’s DUI laws and to discuss your DUI charges in a phone consultation , contact a Santa Rosa DUI attorney firm today!

Have Questions?

Criminal Defense FAQ
  • I am innocent—do I still need a criminal defense attorney?
    Yes! If you have been arrested there is a chance you may be convicted, even if you truly did nothing wrong. Having a Santa Rosa criminal defense attorney from The Law Office of Joe Bisbiglia on your side can aggressively fight to protect you from false charges. An experienced attorney can make all the difference when standing up for you so your choice of representation is a very important one.
  • What is the difference between probation and parole?
    Parole takes place after a person has spent time in prison, whereas probation may be used as an actual alternative criminal sentence. Parole is usually used to monitor a person who has been released from jail. Probation is a criminal sentence for those convicted of lesser offenses.
  • How does the prosecution determine the charges I will face?
    The prosecution will look to convict you on charges they feel have sufficient evidence for a conviction. A case will typically be dropped if the prosecution feels that there is not enough evidence to reach a conviction. What constitutes enough evidence to the prosecutor is up to their discretion.
  • What is a grand jury?
    Grand juries are made up of individuals used to determine if enough evidence exists in order to take a case to trial. A grand jury will use witness testimony, documentation, and other evidence in reaching its determination. The grand jury will decide whether the case will go to trial in the end.
  • Will I be arrested for refusing to give police a statement?
    Exercising you right to silence cannot be used against you. You are protected from testifying against yourself by the Fifth Amendment. If a police officer is trying to intimidate you into giving a statement, get in touch with a criminal defense attorney immediately.


Read What My Clients Have Said About My Counsel
    “It felt like we had an advocate on our side and that support made all the difference.”

    When my son was unexpectedly arrested this year, I was fortunate to receive a recommendation to Mr. Bisbiglia. He readily agreed to meet my son, listen to his story, and represent him. Mr. Bisbiglia was professional in every encounter throughout the process, whether in his office or in the courtroom. He was conscious of the sensitivity of the subject matter and carefully weighed decisions based on his knowledge of the criminal justice system in conjunction with my son’s state of being. His expertise was invaluable. Mr. Bisbiglia’s poise in the court room comes from years of experience, knowledge, and rapport with parties involved. He helped us navigate what was a foreign process to us. I was especially impressed by the compassion he showed towards my son, treating him with dignity and respect. It felt like we had an advocate on our side and that support made all the difference. Mr. Bisbiglia was communicative and clearly committed to the best possible outcome for my son’s future. I would highly recommend him as a qualified, dedicated, and caring criminal defense attorney.

    “I highly recommend the Law Office of Joe Bisbiglia to any persons looking for a confident defense attorney.”
    “He is genuine and passionate about what he does and if you visit his official website you’ll see there’s a reason why he chose the profession he’s in. During my case, he was forthcoming and open about my options and made sure I was aware ”
    - Gilbert S.
    “Mr. Joe Bisbiglia is an outstanding professional.”
    “From the moment I contacted his office, I received timely, courteous and personal replies concerning every aspect of my DUI case. I was made to feel like a unique individual, not a faceless entity or case number.”
    - Joanna M.
    “I would recommend him to anyone if you are unfortunate to get a DUI.”
    “I got DUI in Santa Rosa and was recommended to use Joe. He gave a Flat fee of 2000 which was awesome compared to other lawyers who said a variable between 3500-5000.”
    - Rebecca K.
    “I have to shout to the world how grateful me and my family are to Joe Bisbiglia.”
    “Feeling hopeless and lost, Joe brought comfort for me and my family throughout our process of our business relationship. He kept us informed and was a beyond exemplary. Joe really knows his craft and also has a heart to boot.”
    - Gwenell S.
    “Mr. Bisbiglia is by far the best defense lawyer to work with in Sonoma County.”
    “His professionalism in representing me in my own personal case helped me during a time of turmoil and confusion. He truly cares about what he does and was dedicated to making sure any and all questions I had were answered in a timely manner.”
    - Ishii A.
    “BEST DEFENSE Lawyer in Sonoma county!!”
    “Joe works miracles literally my fiancé was for sure on his way to prison and he got him out of a prison twice!”
    - Ashley O.
    “His number one concern was that I was okay.”
    “I can’t express how grateful I am for Joe and his knowledge on domestic violence cases and restraining orders. Joe was always free to discuss any matters of the case I needed, and didn’t nickel and dime me through the process.”
    - Ashlee D.