Avoiding the Dreaded DUI: Practical Tips on Protecting Your Rights

by Peter Nero, November 16th, 2011

With Thanksgiving and Christmas holidays approaching, it's not unusual to be offered a cocktail or alcoholic beverage of your choice.

So the key is - how do you best try to make sure you cannot be convicted of a DUI?

Google DUI checkpoints in your area. Find out the hot spots are for police on a Friday or Saturday night. Lawyers provide apps which locate these roadblocks in advance. One DUI Checkpoint Lawyers' Location service is valuable, no charge and helpful if you're in Southern California, especially San Diego.

What about DUI police? Can you be pulled over for nothing. Can you trust them to do the right thing? Or will a cop pull you for nothing?

DUI cops pull folks over based only on mere hunch, suspicion or curiosity. But that's illegal. Proving it is tough. Your DUI Lawyer must be very good or very lucky.

Please check that your taillights and headlights work, your turn signals light up, your license plate is lit, your registration is current. While this takes a second person to help check, it's worth it. That cuts down on the possible reasons cops can come up with to stop you.

Avoid speeding. Stay in the #2 lane on the freeway. Make a full stop behind every light and stop sign. You know, driving you don't usually do. But driving you MUST do if you're out at night after a few glasses of wine or a couple of scotches.

So what do you do if you ARE stopped?

Well, when a cop tries to stop you, stop immediately. Do so safely.

Roll down your driver's side window. Put your arms on top of the wheel. Smile because you are now going to try to avoid getting a DUI. Don't smirk though.

Have ready your license, registration & insurance. You will be asked for them.

What if the officer starts asking a bunch of questions. Give the same answer: Calmly, nicely but firmly say that you would absolutely love to answer the questions. BUT, you have been advised by your lawyer NOT to answer any questions as you have the right to remain silent.

In almost every state of this fine republic, you must do a breath test or a blood test if asked. If given the choice, choose urine. If no urine offered, choose a breath test. Choose a blood test if the others are not options.

Field Sobriety Tests can be declined. Be ready to politely tell Mr. DUI cop you will NOT do any of they eye, coordination or field tests.

Preliminary Alcohol or Breath Screening Test (aka a "PAS" or "PBT") is also voluntary so don't do it. So unless it's a large breath instrument, you're not agreeing. Point is, why give them evidence they're trying to collect but not entitled by law to have?

If you follow these steps, you may not even need a lawyer. If you are arrested by a zealous DUI cop, don't worry - attorneys will line up to get you acquitted because the State will have a difficult time proving you guilty.

Don't let a single night out with the girls or the boys become a $10,000 DUI!

About the Author

San Diego DUI Attorney Rick Mueller offers DUI information for San Diego county drunk driving arrests. To learn more, visit SanDiegoDUI.com

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  DUI Laws · DUI Lawyers

1 Comment

Steve
November 16, 2011
Interesting article - it's always good to get a refresher on our rights since it's not always in the cops' interest to do so. That said, I hope people don't take this as an endorsement of drinking and driving. No matter how careful you may be, it's not worth the risk to you, or to the other drivers on the road. Take a cab, don't drive!

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