DUI Doctors > Avoid a DUI Arrest

Step 1	Use your head. The smartest way to avoid a DUI/DWI conviction is to not get behind the wheel of a vehicle if you have been drinking. So you have ignored that advice, now what? Absent a roadblock or checkpoint an officer needs a valid reason to stop your vehicle, or what is commonly referred to as probable cause. Don’t make their job easy by committing traffic violations. Never drive a vehicle with expired plates, or non-functioning brake lights, turn signals, or head lights. Fasten your seat belt. Many states have now amended their seat belt laws to permit an officer to stop a vehicle merely because the driver is not wearing his or her seat belt. Make complete stops and always use your turn signals. Do the speed limit and set your cruise control if your vehicle is so equipped. Turn down the radio and stay off your cell phone. You are already suffering from diminished abilities to focus, so the less distractions the better.
Step 2	Fix your breath. No a piece of gum will not mask your inebriation from a trained law enforcement officer. However, one of the first things the officer will be looking for on a late night traffic stop is the smell of alcohol on a driver’s breath. Before you even start your car, chew some gum, swallow some mouthwash, re-apply your cologne or perfume, or light up that cigarette. Any or all of these may be just enough to hide the smell of alcohol emanating from your breath.
Step 3	Never transport alcohol in your car after you have been drinking. You and your friends were tailgating at the big game/ concert and now it’s the end of the night and time to head home. Take the extra two minutes to discard any opened, empty, or easily accessible liquor containers from your vehicle. It’s extremely difficult to convince a jury that you were not drinking and driving when the prosecutor blows up a poster-sized picture of the open beer bottle that was sitting in the cup holder of your vehicle.
Step 4	Open your windows. You look in your rearview mirror and notice the nice officer behind you has activated his lights to pull you over. What now? First relax, and stay calm. Second, roll down your windows. Why? As you have been driving home from the bar/game/event your breath has been filling the stagnant air of your vehicle. As the officer approaches your car and you slowly open that driver’s side window, the smell of alcohol goes wafting up to the officer’s nostrils. Once he has smelled the aroma of alcohol, a simple traffic stop now changes to the pursuit of a DUI/DWI arrest. As you are pulling to the shoulder open some windows so the fresh night air can replace the odor of recently consumed alcoholic beverages.
Step 5	You have not been drinking. Say it with me, "No officer, I do not drink and I have not been drinking." Why? Every single person has been taught to believe the "two drink" rule will keep you under the legal limit. Unfortunately, no matter how many drinks an individual has consumed, they will always, always tell the officer they have had "two drinks" thinking that will end the inquiry. In actuality you have just given the officer probable cause to believe you are driving under the influence, and he will next ask you to step out of the car to perform field sobriety testing.
Step 6	Do not take the field sobriety tests. Upon suspicion of driving under the influence, the officer will "ask" you to perform some field sobriety tests. These tests vary from state to state, but you are not under arrest at this point, and not required to perform these tests. Many of the tests are impossible when an individual is completely sober and in an idyllic setting. Imagine instead you are intoxicated, nervous, on the side of the road, cars are rushing by, police lights are swirling in your eyes, and you want to balance on one foot while counting? Remember, the officer is looking for what you do wrong, moreso than what you do right to build the case against you.
Step 7	Deny the portable breath test. Many states now permit officers to carry mobile breath units in their car. States vary on what evidence can be admitted regarding the results of these tests, but most will at least permit the prosecutor to show if the result was above or below the legal limit. A negative result adds to the prosecutions argument that you were operating a vehicle while under the influence of alcohol and can lead to a conviction. The officer will tell you "I would like for you to take a portable breath test, if you pass it I will let you leave." He is not your friend, he is there to build a case against you and arrest you. Politely decline to submit to the portable breath test.
Step 8	Shut up. Good chance at this point the officer may place you under arrest and place you in to custody. Fight the anger, nervousness, panic, or all of the above, and simply be quiet. The officer may start chatting with to get you to admit to drinking or where you have been. Again, he is not your buddy, and being an overly nice arrestee only creates more evidence in your court file. Kindly respond you would rather not speak until your attorney is present. Many squad cars are now equipped with mobile cams that record everything an arrestee does or says. It is extremely difficult to convince a jury that you were not drinking and driving after they watch a full color action packed video of you in handcuffs slurring your speech and telling the officer you just left the game, the concert, a new years eve party, Bob's Bar and Grill, or the like. Sit there politely, and quietly.
Step 9	Do not take the breathalyzer. If you have ever sat on a jury or watched any of the popular CSI or Law and Order-type television shows, you've noticed the role DNA evidence has on securing convictions, right? Well, that's because this is usually used as conclusive scientific evidence for a part of the prosecution’s case. Although a breathalyzer is less conclusive than DNA evidence, it is still providing the prosecution with scientific evidence that you were intoxicated, not just intoxicated, but that your blood-alcohol content was exactly "x" percentage. The officer will advise you that if you do not submit a breath test, you will lose your license. This may be true, unless you hire an experienced DUI/DWI attorney to defend you on the charges. If you have followed these steps, a skilled practitioner should be able to get the case dismissed or amended, and stop your license suspension.
Step 10	Deny the blood and/or urine test or request an independent examination. States and even municipalities vary on the procedure for an officer to force a suspect to submit to blood or urine examinations. If an officer is demanding a blood or urine sample respectfully decline to take the test. If they produce a warrant permitting them to force a sample to be drawn, demand your attorney be present. The delay for your counsel to appear may either cause them to surrender this approach, or possibly permit you to reach a level of sobriety before your blood/ urine sample is retrieved. Finally, demand an independent test be performed. Nearly every state that allows blood/ urine testing also permits a defendant the right to insist on a third-party examination. An independent doctor may not necessarily find that you were sober, but a different result can help to create reasonable doubt as to the accuracy of the testing.
Step 11	Be ill and on medication. At some point during the arrest the officer is going to ask you a series of questions. What could explain poor driving, blood shot eyes, slurred speech, slowed reaction time, poor focus, smell of alcohol? Have you ever seen a person enduring the flu or an ear infection? Lack of sleep can cause blood shot eyes. Over-the-counter medications can slow reaction time, slur speech, and give off the odor of alcohol. The officer will also ask any medications you are currently taking, list them all. Common anti-depressants and other medications affect people in different ways and can also skew a blood-alcohol test. As a finer point, this tactic can be utilized when the officer requests you to step out of the car to take the field sobriety test. This is the perfect opportunity to explain (in as few words as possible) that you have been sick, haven’t slept in days, suffered some tragedy (lost your job, going through a divorce/ break-up, etc) and if the officer is going to arrest you to just go ahead and arrest you now. You’ve stopped the inquiry, avoided the field sobriety test, limited the evidence against you, and created load of reasonable doubt for a jury.
Step 12	Hire an experienced DUI/DWI lawyer immediately. Even if you follow all of these steps to the letter, it doesn’t mean the prosecution still will not seek a conviction against you if you do not have a lawyer on your side. No matter how weak the evidence is against you, the prosecution will still seek a conviction against a pro se defendant (i.e. you are representing yourself). This list contains cursory strategies, whereas an experienced attorney will look closely at every aspect of the case to find technical defenses on your behalf. Further in order to protect many of your procedural rights there are very short time limits that vary from state to state. Failure to file proper paperwork in a timely fashion will waive many of these defenses to your case. Although a proper defense to a DUI/DWI charge may be pricy, the costs associated with a conviction on your record for a lifetime are considerably more costly.