DUI Do's & Don'ts: Tips for Preventing a Drunk Driving Arrest
1.Obviously, DON'T Drink and Drive: It takes a surprisingly minimal amount of alcohol to raise a driver's blood alcohol content above the legal limit of .08%, which varies depending on various factors such as height, weight, sex, amount of food consumed, etc. If you think you have any chance of being legally impaired, always take a cab or use a designated driver.
2.DO Obey All Traffic Laws: Drive safely and obey all traffic laws. Be aware of what police officers look for as signs of impaired driving. Be sure that all vehicle equipment and parts ( ie, headlights, brakelights, windows, mirrors, etc ) are in proper working order. In other words, don't give the police probable cause to pull you over. Also, it is more difficult for police to find a reason to stop you if you drive with a pack of cars. DO always remove wrist bands and hand stamps that identify you as having been at a nightclub or party.
3.DO Say as Little as Possilbe - it's Your Right: If you are pulled over, only answer questions related to your identity: name, address, and birth date. You really don't have to tell the cop where you've been, where you're going, or what you've been doing. You do need to provide your drivers license, vehicle registration, and proof of insurance. If the cop asks you if you have had anything to drink, you aren't required to answer that either. Should you lie? No, but neither should you tell the truth. Admitting to drinking will certainly not help you, and will always come back to harm you. Better that you exercise your right to remain silent. Politely request that the officer not question you until you have an attorney present.
4.DO Be Polite and Respectful to Police: DO always respond courteously to a traffic stop. Be on your best behavior. DON"T make comments such as "Don't you have anything better to do?" or "Would you like another donut?".
5.DON'T Consent to Roadside Acrobatics - they're Unreliable: Roadside Field Sobriety Tests such as the Horizontal Gaze Nystagmus, One Leg Stand, and Walk and Turn tests are completely voluntary. Politely refuse to partake in these exercises, as research has shown an error margin of almost 80% against your favor. Most cops mistakenly assess sober individuals to be impaired based on these tests, which are greatly affected by factors such as weather, medical conditions, health, age, surface, passing traffic, nervousness, etc. DO be polite and say "no thank you".
6.DON'T Consent to the Roadside Handheld Breath Test: Another voluntary and very fallible method of determining driver impairment. DO be polite and state "no thank you". DON'T confuse this roadside preliminary breath test with the mandatory chemical tests taken at the police station or hospital after arrest on DUI. The chemical tests, once you are taken into custody, are NOT voluntary, and refusal to submit to a chemical test carries increased DUI penalties. If you are under age 21, you MUST submit to the handheld breath test taken at roadside under California's Zero Tolerance law.
7.DO Exercise Your Option to Choose a BAC Test Method: Once taken into custody on DUI charges, Law Enforcement personnel are required to give you the option of choosing between a blood or a breath alcohol test. Always choose the breath test, as it is more unreliable and presents many more defense opportunities for challenging the validity of the results.
8.DO Request and Retain a GOOD DUI Attorney: Respond to every question asked by police, other than your name, address, and date of birth, with the question: "May I please speak with an attorney?". It's your right, and so is remaining silent. DON'T speak to anyone about your arrest or DUI case, including law enforcement, jail personnel, hospital staff, blood test technicians, or fellow inmates. DO consult and retain an experienced and qualified DUI attorney to represent your San Diego DUI case. DON'T settle for a discount or unproven general criminalist in an effort to save money - the State has an unlimited amount of resources to prosecute you, and an investment in your defense will be money well spent.
9.DO make a written record of all events surrounding your DUI arrest: DO Make a detailed list of all the events leading up to your traffic stop, everything that transpired once you were pulled over, the officer's comments, questions, behavior and attitude, your chemical tests, and everything surrounding your arrest including your release from custody.
10. DON'T Drive on a Suspended or Revoked License: DO make sure that you or your attorney contact the Calfornia DMV within ten days of your arrest on DUI to challenge the suspension of your drivers license. You have ONLY TEN DAYS to request a hearing. DON'T miss this deadline! Driving on a suspended or revoked drivers license is a serious traffic offense that carries a mandatory jail sentence. DON'T risk making a bad situation worse.
John E. Dui is THE top DUI Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 1-800-522-6700 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.