| DUI is a serious problem that can have lifelong | | | | relatively small penalties for refusing a chemical test, |
| consequences for both the driver convicted of DUI, | | | | while others will suspend a driver's license or even |
| and for innocent drivers and bystanders who are | | | | impose stiff fines of up to $10,000, plus jail time. It is a |
| harmed in accidents caused by drunk drivers. The best | | | | good idea to research the laws in your state before |
| way to get off a DUI is to not drink and drive in the | | | | refusing to submit to a chemical alcohol test after |
| first place. Unfortunately, many of us do experience | | | | arrest. |
| lapses in judgment from time to time. | | | | Types of Blood Alcohol Tests |
| Avoid Self-Incriminating Statements | | | | If you are given a choice of what kind of test to take, |
| If you are stopped for suspected DUI, know that the | | | | urine testing tends to be the least accurate, and is the |
| only questions you are required to answer are | | | | type of test that is most easily set aside in the |
| questions regarding your identity. You are not required | | | | courtroom. Breathalyzer tests are also somewhat |
| to answer any other substantive questions the officer | | | | inaccurate, and in about one-fourth of cases, can result |
| may ask regarding your alcohol intake or level of | | | | in a reading much higher than a blood alcohol test. Of |
| impairment. Whether or not he asks these questions | | | | the various kinds of tests, a blood draw to perform a |
| before or after reading your Miranda rights does not | | | | blood alcohol test is most accurate. |
| make any difference, since you are entitled to the right | | | | Call Family and Friends |
| to avoid incriminating yourself. By avoiding speaking to | | | | Another important strategy to get off a DUI is to make |
| the officer, you avoid making statements that could be | | | | sure to call family and friends after your arrest. Be |
| used against you in court. | | | | sure that an impartial observer can note your state of |
| Field Sobriety Tests are Voluntary | | | | sobriety (speech, cognitive function, alertness, |
| Field sobriety tests are voluntary. If you suspect that | | | | coherence), in case law enforcement makes a report |
| you may not be able to pass a field sobriety test, you | | | | that exaggerates your level of impairment. Also, make |
| are more likely to get off a DUI if you politely decline | | | | sure you are polite and cooperative with the officers, |
| the test. Preliminary alcohol screening tests (before | | | | within the limits of your rights under the law. Your |
| arrest) are also voluntary for individuals age 21 or over. | | | | behavior can be an important factor in how you are |
| Refusing this test might help you avoid arrest, but most | | | | perceived by a jury. Remember that some jurisdictions |
| likely not depending on what other signs of impairment | | | | videotape the entire arrest process. |
| you exhibit. Officers also note other factors including | | | | Get Competent Legal Representation |
| your speech, reaction time, and any smell of alcohol on | | | | Finally, and most importantly, to get off a DUI you will |
| your breath. | | | | need competent legal representation. Only an |
| Can You Refuse Blood Alcohol Chemical Tests? | | | | experienced DUI attorney knows all of the proper |
| Post-arrest chemical tests, however, are generally | | | | evidentiary rules and loopholes that could help you |
| mandatory. Most states have "implied consent" laws, | | | | avoid a DUI conviction. Above all, use your DUI arrest |
| which means that if you drive in those states, you are | | | | as a learning experience. The best way to get off of |
| implicitly giving your consent for chemical alcohol testing | | | | a DUI in the future is to avoid driving while under the |
| in the event that you are stopped. Some states have | | | | influence. |