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Thursday, October 29th, 2009
I always tell friends and family that, although I’d love to have them as a client, that it’s better that they don’t need me in the first place. With that in mind, I present the “how to avoid a DUI” article below:
Don’t get pulled over in the first place: What Police Look For
All members of various law enforcement agencies nationwide must attend some type of police academy prior to becoming a certified police officer. And one small part of the training they receive while at the academy is how to spot or detect a suspected drunk driver on the road. They are taught to look for certain actions or violations of the motor vehicle code. Many of these actions or the failure to perform them, is a clear signal to the police that the operator may be intoxicated. Some of these actions and violations that the police are taught include the following:
* Operating a motor vehicle at night without headlights being turned on.
* Operating a motor vehicle at night with the high beam lights on at all times.
* Failing to use turn signals when making a turn.
* Failure to turn off turn signals after a turn is made.
* Speeding.
* Slow Speed in areas where it is not logical.
* The ever famous weaving upon the highway.
* Sudden and short braking due to slow reactions or intoxication.
Any of these can trigger the police to initiate a traffic stop. If you make a conscious effort not to commit any of these violations, you will greatly reduce your chances of being stopped by the police. Remember, the police need probable cause to stop your vehicle, don’t give them any. By knowing what the police look for prior to stopping a suspected drunk driver, you greatly reduce your chances of being detected and stopped by the police.
If You’re Stopped
If the unfortunate does happen and you get stopped by the police, there are some very important things you need to know before you ever get stopped, and these include what to do and most importantly, what not to do or say to the police. Lets talk a little about those strategies and tactics now.
If you find yourself getting pulled over, first, pull over well off the highway and off the road itself. This reduces the likelihood your vehicle will get towed if you get arrested. Next, get yourself together. Pop a mint or gum in your mouth. When the police officer comes up to the vehicle be sure you NEVER admit to drinking ANY amount of alcoholic beverages. Do not self incriminate yourself. Make the police officer do his job, don’t help him out. Answer questions only when necessary. Believe it or not, you do have the right to remain silent. Be cooperative but do not give the officer any evidence to be used against you. If the officer suspects you have been drinking he may ask you to perform some oral tests like counting or reciting the alphabet. You must refuse these and any and all other tests. Yes, you can refuse to take these tests. For some reason people believe they must submit to the field sobriety tests and this is not true. You must refuse all oral and then actual field tests like walking the line, standing on one foot, following the pen with your eyes and any and all other tests. Simply tell the officer you are refusing all tests and are invoking your fourth amendment rights against self incrimination. You are trying to give the officer little or no probable cause to arrest you. Remember, an officer can only arrest a person with probable cause and in a DUI case, that probable cause is the field tests administered at the scene of the traffic stop. By refusing all tests, the officer is left with a couple of choices, he can let you go, call a ride for you or take you in for DUI. Believe me, the officer knows he is on shaky ground by arresting you without any or little probable cause other than his observations.
Refuse All Tests
If the police officer decides to arrest you, once you arrive at police headquarters you may be asked again to perform oral and other sobriety tests. Now you are being filmed and recorded, so again, refuse everything. When asked to submit to a blood, urine or breath test to determine your blood alcohol level, you must refuse these tests. Yes, you will lose your license for one year through the DMV, but you will also lose it for four months if convicted for DUI and I will tell you why you should refuse shortly. Remember, the police are trying to build a case against you by getting evidence, do not help them by giving them anything to help build their case. With no field tests, sobriety tests of any kind and no blood alcohol levels, the police will find it difficult to get a conviction in a court of law against you for DUI. At this point you may be processed and released on bond or arraigned in court. Be sure to hire a lawyer that is knowledgeable in DUI defenses specifically, and a good one because he will help you get out of the case completely.
Counting Your Losses
Now let me talk to you and present a comparison of your losses versus your gains should you refuse all field and blood alcohol tests. Follow closely and you will see the wisdom behind my strategies and tactics that I just presented. You will see that you will save your drivers license from being taken for lengthy periods of time as well as saving thousands of dollars in fines and insurance premiums.
First, if you properly parked your vehicle once stopped by the police, and well off the roadway, you may save money by not having your vehicle towed from the scene of the traffic stop. In refusing to submit to blood alcohol level testing, you will receive an automatic loss of license for about 6 months for a first time arrest. This is a loss for sure, but not a big one. And you may have to pay a restoration fee to the registry of motor vehicles to get your license back, so another loss. Now lets move on to the gains. If you have followed my advice and refused all field, sobriety and blood alcohol level tests, you have given the state a hard case to prosecute. And with a good lawyer, no jury or judge can convict you based on just an officers observations. So in court, the case will probably get dismissed or the charge changed to a lower offense. A complete victory for you. Just be sure the plea bargained reduction is not a reckless driving because the same fines and insurance premiums may be imposed against you. If is very doubtful the court will want to prosecute you because of their weak case, so most will plea bargain with a defendant and his attorney. So if you win in court and are not convicted for DUI, you will not have to face two days in jail, any fines which usually range around $500.00, you will not have to pay over $200.00 to attend an alcohol awareness program and most important, you will not face mandatory SR-22 insurance premiums on your automobile insurance policy. All states and insurance carriers require this SR-22 insurance which is essentially insurance on your drivers license. It is usually equal to or more than you currently pay for your automobile insurance. The average cost for the SR-22 insurance is $1,500.00 each year for 3 years or more. You do not have to pay this because you did not cooperate with the police and help them build a case against you so you could get convicted in court for DUI. And by having no conviction on your driving record, you do not face lengthy license suspensions in the future should you get stopped and cited for other traffic violations. And finally by not getting convicted for DUI. in court, you suffer no suspension or further loss of your operators license.
Final Tips
Some additional information you should be aware of if you do drink and drive include the following. If you ever pull over and want to rest or sleep it off, be sure to turn the engine off and remove the keys from the ignition. In some states, a running even tho parked vehicle, or a vehicle with the keys in the ignition constitute operation, so be sure to follow this rule. If you have only consumed a drink or two and get arrested for DUI / DWI. you may want to take the blood alcohol level tests to show that you are innocent and are not driving drunk. Remember, one alcoholic beverage is what the average human body can remove from its bloodstream per hour and no more. Drinking coffee or water does not sober up an intoxicated person. People need to know their own bodies and how well they can handle their consumption of alcoholic beverages. Everybody is different. A person may look drunk and is not, just as a person whom is legally drunk, may not look it. Anybody that consumes 3/4 or more drinks in an hours time period is most likely legally drunk. So drink wisely and carefully.
In closing, I hope that you found this article helpful and educating. I am not here telling you that I am advocating drinking and driving but lets face it, Americans consume a lot of alcoholic beverages every day and inevitably people will get in their vehicles and drive after drinking. I am here to educate the public, assist them in understanding their rights when it comes to getting stopped by the police for suspicion of DUI and let them know they have protection under the law. I do feel that the person who consumes 10 or more drinks and gets in a motor vehicle and drives away, deserved to be prosecuted to the fullest extent under the law.
He is clearly not using proper judgment is poses an immediate hazard to others on the roadway. For the casual light drinker, I ask they use good judgment, consume liquor responsibly and follow my advice should they find themselves getting stopped by the police.
And as always, if you have any questions, call me, anytime, day or night, at (714) 568-1560. Orange County DUI Defense is what I do.
Tags
Blood alcohol content, California, Driving under the influence, drunk driving, Health, Law, National Highway Traffic Safety Administration, Road traffic safety
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