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Avoid Felony DUI Conviction in California |
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Monday, 25 August 2008 07:39 |
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Do you consistently wake up only to have the back of your head hitting a toilet bowl seat? Are you losing arguments with those inanimate objects? If you are stopped by the police while driving in this condition, and you've had too much to drink then you're most likely going to be arrested. It becomes a judgement call at this point. From my my calculations (your milage may vary), one drink is usually equivalent to .02 BAC. Could you pass the field sobriety tests or will you fail any tests they throw at you? If I were in a situation where I only had one drink several hours earlier, I would fully submit to any tests. I believe most officers are reasonable and would not give you a hard time as long as you are honest and respectful. If you have had more than one drink and clearly drunk (most folks know when they're drunk), you have little to lose by politely expressing your right to remain silent and declining to take any preliminary tests. At this point, you're in damage control mode. Listed are helpful hints to lessen the chance of getting a DUI conviction and having your drivers privildges revoked.
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Last Updated ( Monday, 25 August 2008 07:43 )
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1. Do not drink and drive. |
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Monday, 25 August 2008 07:41 |
Do not drink and drive. You drink and drive at your peril but more importantly the peril of others while on the road. Always have a designated driver in your group or simply just call a taxi. Did you know that in the large majority of DUI trials, the prosecution wins? Getting a DUI lawyer can be a very expensive lesson.
A DUI arrest can cost between $10,000 to $20,000 after you add in the attorney fees, fines, and increased insurance rates.
Remember, late night police are out on patrol looking for any little reason to stop those driving under the influence of alcohol. Before even going out on the town, make sure that you're vehicle doesn't have any problems that would make the police stop you. Make sure all lights are working properly including turning signals. Is your tint up to legal standards for your county? Do you have up to date registration stickers for the current year?
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Last Updated ( Monday, 25 August 2008 10:42 )
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2. Stay concentrated and Drive Safely |
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Monday, 25 August 2008 07:43 |
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Stay concentrated, watchful, and try your best to drive safely. Start with the basics such as putting on your seatbelt and turning on the lights. Do not fumble with the radio or that last French fry that fell down your lap. Avoid calling attention to yourself while driving. There are a number of factors that flag a driver late at night which include one or more of a combination of factors such as erratic lane changing, driving over the speed limit, illegal turns, or even simply just driving on the wrong side of the freeway.
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Last Updated ( Monday, 25 August 2008 10:44 )
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3. If Signaled by a Patrol Car... |
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Monday, 25 August 2008 07:44 |
If you are signaled by a patrol car, comply immediately with the request to pull over. Try to make the officer feel as comfortable as possible. Remove your keys and place it on the dash board clearly visible to the officer. Turn on the dome light in your car to make you appear like a safe and responsible individual. Role down the window enough so that you can slide your license, registration and proof of insurance. Keep both hands on the steeering wheel in plain sight where they can be seen by the officer. While the officer is still in his vehicle, do not try diving for the glove compartment for your paperwork as it may seem as if you're trying to stash something away. Do not remove your seatbelt.
At times, epect the officer to have his hand on his revolver. Do not be offended, this is standard operating procedure trained at the accademy especially when you reach for your glove compartment to retrieve documents and if you need to check the trunk of your vehicle.
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Last Updated ( Monday, 25 August 2008 10:42 )
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4. Don't Take Field Sobriety Tests |
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Monday, 25 August 2008 07:45 |
Do not allow an eye check nor consent to any other Field Sobriety Tests. When under suspicion of driving under the influence (DUI), the first thing an officer does is check the eyes in what is called the Horizontal Gaze Nystagmus (HGN). This is medical jargon for detection of sudden eye movements and an inability for the eyes to smoothy follow the object. This is just one indicator of the presence of alcohol in one's bloodstream. Some officers may take short cuts and then jot down his findings further increasing any evidence against you. There will be nothing to write nor interpret if you don't take the test. You see, the HGN test is a voluntary test and it is one's right to elect not to participate. Be polite and simply say, "I respectfully decline on the advice of my attorney." In fact, decline all field sobriety tests. Here are some of the standard ones they may attempt all recognized nationally by the National Highway Traffic Safety Administration (NHTSA). Remember, they're all voluntary so just repeat in a humble manner, "I respectfully decline on the advice of my attorney."
Standardized Field Sobriety Tests
Horizontal Gaze Nystagmus - you gaze at a pen or finger and follow with your eyes.
Walk and Turn Test - this is where the officer has you multitask performing a physical task of walking in a straight line, turning and walking back heel to heel. all this, while trying to divert your attention mentally. you can't sway or balance yourself either.
One Leg Stand Test - here the officer gives you verbal instructions followed by demonstration how to perform like trained walrus doing a balancing act on one leg.
Remember, you've gotten to this point because you were probably driving in a manner that arose suspicion. You're likely going to jail anyway so if the officer tells you that refusal to take the test means arrest, then just accept the consequence. Just don't take the tests. The tests are not quantitative, they're qualitative and subject to the officer's interpetation. You should not assist the cop in convicting you by admitting you were drinking and falling down during the sobriety test.
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Last Updated ( Monday, 25 August 2008 10:42 )
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5. Know Your Obligations and Rights |
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Monday, 25 August 2008 07:45 |
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You are obligated to provide your license, registration, proof of insurance and aside from that you have the right to remain silent. Remember, anything you say may be used against you in a court of law. When the officer asks if you've had anything to drink simply say, "I respectfully chose to exercise my 5th amendment right to remain silent." The officer will then attempt to access whether or not you are a candidate for immediate testing of blood alcohol or whether that can wait to get a fuller affect. You'll be asked if you've eaten, where you've been, what kind of beverages, how many drinks you had, if you slept, and more. All this information will help in prosecution in a court of law. Once again, politely state, "I respectfully chose to exercise my 5th amendment right to remain silent."
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Last Updated ( Monday, 25 August 2008 10:43 )
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6. Decline Preliminary Breath Test |
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Monday, 25 August 2008 07:46 |
Politely turn down any requests to take what's best known as the Preliminary Breath Test (PBT). This is also known as the Preliminary Alcohol Screen (PAS) and also the Evidentiary Preliminary Alcohol Screen (EPAS). In addition to calibration issues, these devices may not be so accurate revealing mouth alcohol rather than deep lung alcohol. Polite refusal to take this test will not subject you to any possible errors. It is a requirement of the implied consent law that you submit to a chemical test to measure alcohol concentrations in your blood if suspected of driving under the influence of alcohol, however, the PBT is not a chemical test. Some officers may infer that you are required to take the PBT, however this is false. Remember the magic words, "I respectfully decline on the advice of my attorney." If you were to fail the PBT and get arrested, you would need to submit to a second test (blood or breath).
Note: If you are under 21 years old, it is true that you must submit to the PBT. The California Vehicle Code allows the DMV the authority to suspend a license for simply refusing to submit to a PBT for those under the age of 21.
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Last Updated ( Monday, 25 August 2008 10:43 )
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7. Avoid Automatic License Suspensions |
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Monday, 25 August 2008 07:47 |
Avoid automatic license suspensions. If you are arrested, elect to take the blood test over the breath test. Once at the station, refusal to take a chemical test (breath or blood) will result in the immediate suspension of your license. Same with blowing and getting higher than a 0.08 so do yourself a favor and take the blood test where results take time.
The breath tests provides the officer with immediate feedback and allows him to write a report based on those results. Any other driving or behavioral characterists can also be supported in his report by the breath test results. With the blood test, there is no immediate feedback to create a written report because the results can take weeks to come back. By that time, the officer's written report will have already been submitted only based on visual queues and no quantitative data. A breath test also cannot be re-tested by an independent laboratory.
Having the blood test also allows for your attorney to have the blood re-tested by a private labratory. It's always good to make sure it's your blood was tested and not someone else's blood.
Once again, do not take the breath test. Remember to agree to only one test - the blood test.
If you refuse to take any chemical test, prosecutors have succeeded in winning over most juries by arguing that refusal to take the test shows consciousness of guilt.
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Last Updated ( Monday, 25 August 2008 10:43 )
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8. Beware of Video or Audio Recordings |
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Monday, 25 August 2008 07:47 |
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Beware of video or audio recording devices. Many patrol cars are equipped with video allowing them to record your behavior and any physical signs of intoxication. Jails usually have recorders while being booked so continue to be on your best beahvior. Be polite and cooperate within the above guidelines, however try not to be intimidated.
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Last Updated ( Monday, 25 August 2008 10:43 )
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9. Call your Mobile Phone and Record Yourself. |
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Monday, 25 August 2008 07:48 |
Call your mobile phone and record yourself. If you can say "I'm sober as a judge" without saying "I'm as jober as a sudge" then you may be able to use it as evidence for your defense.
Try to dictate the events that occurred leading to your arrest, the stop itself, and the release from custody. Keeping a dictation of information while it's fresh in your mind may help in your defense case.
Bottom line, the less evidence the authorities have on you in court, the better the chance that your attorney can get you off.
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Last Updated ( Monday, 25 August 2008 10:43 )
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10. Expect Temporarily loss of License |
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Monday, 25 August 2008 07:48 |
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Expect to temporarily lose your license. One critically important thing to keep in mind is that when you are arrested, via an administrative sanction of the DMV you will lose your license. In the meantime, you will receive a temporary restrictive license pending the outcome of your DMV hearing. If you do not followup with the DMV within the 10 day deadline, you can kiss goodbye to your license up until possible acquittal of the DUI investigation. Losing your license to the DMV is a totally different case than later having your license revoked as part of a judge's sentence after a criminal conviction. Remember to contact the DMV within 10 days of losing your license in order to receive the temporary license.
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Last Updated ( Monday, 25 August 2008 10:43 )
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Tips to Avoid Felony DUI
