A lot of tips seem to be circulating online purporting to guide people on the correct behavior to escape a DUI charge. What most of these supposed ‘tips’ fail to do, is embrace the naked truth about DUI arrests. The police operate on a ‘better safe than sorry’ kind of attitude when it comes to DUI stops. If they even remotely suspect that you are drunk or smell alcohol, you are up for a possible arrest. Nothing you say or do can extricate you from such a situation. The thinking behind the officers’ actions is founded on a need to avoid regrettable and unfortunate incidents and accidents, rather than let someone off only to have them get involved in an accident.
Watch the Signs
If the officer utters things like, “how much have you had to drink?”, “have you been drinking?”, “please step out of the car”; then you must brace for trouble. Nothing you can do will get you a speedy resolution of the case, except for fighting off the accusations in court to avoid a conviction.
What Exactly Should Be Done?
Watch What You Say
Trying to talk your way out of a DUI won’t work and history has the facts to prove it. Apart from hushing, never admit to participating in any drinking however minimal by stating categorically and politely to the officer to you elect to remain silent. Furnish the officer with any requested documents and continue to hold your peace.
Avoid Field Sobriety Tests
The police can request you to submit to roadside tests aimed at establishing whether or not you are under the influence of alcohol and/or drugs. The officer can choose any or all of the 2 available tests. You are at liberty to decline participation in these tests and you should. One of these tests can be an alphabet or finger count test while the other is the standardized field sobriety test which involves walking the straight line and a couple of other things like standing one leg.
Submitting to these tests amounts to giving the authorities ammunition which they will gladly put to use to secure your conviction. Without your participation in the useless tests the officer has little to go on in terms of evidence to justify arrest and this makes your case stronger. Without a justifiable cause for arrest any evidence obtained subsequent to that can be excluded from the case.
You can also be requested to submit to a portable breath test which measures you Blood Alcohol Content, popularly known as BAC. This test also has its fair share of shortcomings which make it equally unreliable. A lot of people are languishing in jails due to the false positives shown by these handheld PBTs. You should politely decline this test as well as it is optional and only works to build a case against you.
Ask for an Independent Blood Test
If you find yourself being taken for a full evidentiary breath test at the police station, hospital or any other place, make sure to request an in dependent test as well. You have the right to an independent test although few officers will inform you of its existence. This is provided for in Section 1547 of the Vehicle Code. The police often use underpaid and overworked labs for their tests and you can’t rest your fate on such an arrangement.
Note Every Detail
You must try as much as possible to capture details associated with the incident. Forgetting is only natural and you need to retain things like names of w8tnesses, addresses, contact numbers, etc. the truth lies in the details and the truth is your savior.
Get in Touch with a Competent DUI Attorney
DUI charges are quite tricky even for some who have gone to law school. Never try to experiment with this charge as it is so complex that some sanctions get activated without your even knowing it. Qualified and experienced DUI lawyers can formulate a strong case for you and fight for victory.