Avoiding the dreaded DUI — Practical Tips on Protecting Your Rights & Record

March 29, 2011

Should I take a taxi? Should I get a ride? Should I stay over? These are all great questions.

Life is complicated enough and now you have to worry about running into some random DUI checkpoint you can’t avoid. Stop right now and Google DUI checkpoints in your area. That way you can get an idea what the hot spots are for police on a Friday or Saturday night. Let us help you locate these roadblocks in advance with this DUI Checkpoint Location service as a free and helpful guide for avoiding a San Diego California DUI.

What about roving police in general? Can you trust them to do the right thing? Or will a patrol car stop you for nothing?

Depends. What time of night is it? While day partying is safer, as less cops are out, the million dollar question can later be asked: “What good things happen after midnight?”

DUI police DO stop based on mere hunch, suspicion or curiosity. But that’s illegal. Proving it, however, is another thing. Your attorney better be good or lucky.

Make sure your taillights and headlights work, your turn signals light up, your license plate is lit, your registration is current. While this takes a second person to help check, it’s worth it. That cuts down on the possible reasons cops can come up with to stop you.

Avoid speeding. Stay in the #2 lane on the freeway. Make a full stop behind every light and stop sign. You know, driving you don’t usually do. But driving you MUST do if you’re out at night after a few glasses of wine or a couple of scotches.

So what do you do if you ARE stopped?

Well, when a cop tries to stop you, stop immediately. Do so safely.

Roll down your driver’s side window. Put your arms on top of the wheel. Smile because you are now going to try to avoid getting a DUI. Don’t smirk though.

Have ready your license, registration & insurance. You will be asked for them.

What if the officer starts asking a bunch of questions. Give the same answer: Calmly, nicely but firmly say that you would absolutely love to answer the questions. BUT, you have been advised by your lawyer NOT to answer any questions as you have the right to remain silent.

In almost every state of this fine republic, you must do a breath test or a blood test if asked. If given the choice, choose urine. If no urine offered, choose a breath test. Choose a blood test if the others are not options.

Field Sobriety Tests can be declined. Be ready to politely tell Mr. DUI cop you will NOT do any of they eye, coordination or field tests.

Preliminary Alcohol or Breath Screening Test (aka a “PAS” or “PBT”) is also voluntary so don’t do it. So unless it’s a large breath instrument, you’re not agreeing. Point is, why give them evidence they’re trying to collect but not entitled by law to have?

If you follow these steps, you may not even need a lawyer. If you are arrested by the “bowling ball” rolled by a suspicious DUI cop, don’t worry – attorneys will line up to get you acquitted because the State will have a difficult time proving you guilty.

About the Author:
Rick Mueller is a Top-Rated San Diego DUI Lawyer specializing in Drunk Driving, DUI & DMV Defense, and has over 25 years of experience. Known as the “DMV Guru,” Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol.

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