Nobody wants to get a DUI, yet plenty of drivers take the risk every night. The fact is, avoiding a DUI is easy and consequence-free, whereas the alternate is anything but. If you end up getting a DUI, you will face major consequences. Even moreso if you are involved in a car accident. The information in this post only serve as general guidelines. You will want to consult with a San Diego car accident lawyer for legal advice.
Here are some tips to keep you out of some potentially sticky situations:
Don’t drink. This one is easy. When someone offers you a drink, just say “no.” Sometimes it helps to have juice or soda in hand throughout the night so no one will offer you a drink and you won’t feel empty handed.
Walk home. Too often we find ourselves driving to places just around the corner from home. When you plan to drink, just walk to the bar or party. You’ll get exercise, enjoy the scenery and won’t get a DUI.
Use a Designated Driver. Whether it means bringing along a sober friend, taking a bus or calling a cab, using a Designated Driver is safe and easy. If you have a friend volunteer to be the DD, remember to thank your friend and keep him or her happy. An unappreciated designated driver is one doomed to fail.
Keep your BAC low. Don’t drink too much or your BAC will be too high. A general rule is to consume no more than one drink each hour. Also, be aware of the alcohol content of the drink you choose. Usually, one beer, one glass of wine and one shot of liquor have the same alcohol concentration, but that rule is flexible depending on the specific drinks selected. Obviously, a long island ice tea has more alcohol than rum and cola. Eating high protein foods while drinking can slow the absorption of alcohol into your system. If you do drive, be sure your car’s lights work, that the headlights are on and that you have a front license plate and current registration. The last thing you want to do is provide good reason to be pulled over.
If you do get pulled over on suspicion of drunk driving, here are some tips to follow:
Find a safe place to pull over. If you pull over in a dangerous area, this will give the officer preliminary evidence your judgment may be impaired.
Keep silent. Do not admit to drinking. Do not try to make excuses. Do not explain where you were. Whatever you say, it will be used against you.
Be polite. There is not excuse to be rude and an officer’s testimony or a video of your arrest can be detrimental if you are being aggressive.
Refuse a field sobriety test. These tests are voluntary, subjective and difficult to pass -even for sober people. Officers arrest around 98% of people who take the test, so it will not help you.
Decline to take a preliminary breath test. Hand-held breathalyzers used by police officers are highly inaccurate and will only hurt your case. Instead, insist on taking a chemical test at the station. If you are under 21, you are legally required to take this test, so please do so.
Decline to take a preliminary breath test. Hand-held breathalyzers used by police officers are highly inaccurate and will only hurt your case. Instead, insist on taking a chemical test at the station. If you are under 21, you are legally required to take this test, so please do so.
Agree to a chemical test. Demand the blood test. It is the most accurate test available. If you decline to take a chemical test in California, the Implied Consent law will hold you guilty of a DUI and instill additional penalties for your refusal to take the test, including mandatory jail time.
Request an attorney. If you are charged with a DUI, contact an experienced attorney as soon as possible. Hiring an attorney within 10 days of your arrest is critical to getting a hearing with the DMV to protect your license.
If you have been arrested for driving under the influence in California, there is hope. Even if you have taken and failed field sobriety tests, a preliminary breath test and an official chemical test, we can still help you fight your charges in court or get the minimum sentence in your DUI trial.
