Ways to Avoid a Drunk Driving Arrest
Golden Rule: Do not drink and drive
1. Wait 12 hours after your last drink before driving. Consider taking a cab, having a sober friend drive, walking, or taking a hotel room. This is the easiest, safest way to avoid a DUI.
2. Make sure all of your headlights, tail, brake, and signal lights are all working properly and that you have both rear and front license plates. Make sure that you turn on your headlights at night. Make sure your registration is current and properly displayed. Keep your car in good shape. Do not drive without a valid license and proof of insurance in your possession. You should keep your license, registration and insurance documents in the same place (put them all in an envelope in your glove box before you go out at night).
3. Obey the rules of the road: Drive at a reasonable speed, and at or below the maximum limit. Don’t weave or lane straddle. Use your turn signals. Come to a complete stop at stop signs and red lights. If you have a flashy car know that everyone, including police, is looking at you. Make sure the flash is legal. Do not throw cigarettes or trash out of the car window. Don’t blast loud music from your car. Make your drunk friends puke before they get in the car. If you do nothing to attract attention, then you will not be pulled over.
4. DO NOT TAKE ANY VOLUNTARY BALANCE OR COORDINATION TESTS, and DO NOT LET THE OFFICER CHECK YOUR EYES – Horizontal Gaze Nystagmus (after all, he is not an “ophthalmologist” or an “optometrist”).
5. If you are 21, or older, DO NOT TAKE A “PBT” breath test (preliminary alcohol screening test). Tell the police you have been told the portable test is not as accurate as the real “implied consent” tests and that you know you don’t have to take it.
Survival Tips if You’re Accused of a DUI
Print this out and place it in your wallet or purse in case you are ever stopped and accused of DUI.
* Officer, presumably you contacted me with probable cause. If you intend to cite me, please do so without delay so I may leave immediately.
* If I am under lawful arrest and you intend to question me, I will not answer any questions without my attorney.
* I will not perform any voluntary balance or coordination tests or breathe into any portable breath testing device not mandated by the implied consent law in order for me to avoid license revocation.
* If you claim it is not a first option, then I choose a breath test and when that is completed, I demand my right to a retest sample urine test.
* I request that you attach this card to your arrest report addressing both probable cause and implied consent and that you video tape the implied consent admonition.
* I do not waive any of my statutory or constitutional rights and I demand that I be given my phone calls within 3 hours of booking. I want to call my attorney at (773) 330-0123.
Legal Drinking and Driving
What Should You Do Then if You Intend to Legally Drink and Drive?
1. Before you go out, check all brake lights, license plate lights, and look for any minor imperfections a policeman will be able to use for an excuse to stop you.
2. Be cautious driving after 11 pm. Come to full and complete stops.
3. If you see a policeman following you, pull into the first place possible without arousing suspicion.
4. If stopped, be respectful at all times.
5. Respectfully decline all the field sobriety test based on this article stating such tests are subjective and often impossible to do. If you write to the address below, we will give you a card to hand to the policeman. If you are afraid they will arrest you immediately and make you take a chemical test, rest assured that since it is impossible for the officer to determine if you are 0.07% or 0.08% based on your performance on those same field tests, you will be taking that chemical test anyway if you have admitted to drinking anything at all.
6. Do not allow the officer to pass his finger or pen or other objects by your eyes and ask you to follow it while not moving your head (Horizontal Gaze Nystagmus), as this test is very controversial and highly discredited in some scientific circles.
7. Another problem is a number of people are confusing the small hand-held alcohol breath testing device (Breathalyzers) – about the size of a package of cigarettes – with the larger breath-testing machine usually employed at the police station itself. The hand-held unit is part of the field test you always should refuse to blow into it because it may be highly inaccurate.