How to get help for DWI


5 Tips to Help Avoid a DUI Conviction

If you are ever arrested for drunk drivingthem to prove the actual blood-alcohol level.
(also called DUI for "driving under the
influence" or DWI for "driving while4. Do you choose blood, breath -- or refuse
intoxicated"), your experience will beginto take any chemical test? This is a
with an officer stopping you because of somecase-by-case decision, and involves a number
questionable driving pattern, or possiblyof considerations. First, although blood
because you encountered a DUI "sobrietytests are subject to many possible errors,
checkpoint" or you were involved in anthey are generally more accurate than
accident. The officer will approach your carso-called "breathalyzers"; if you feel your
and ask some questions. You will then beblood-alcohol level is below .08%, then you
asked to perform "field sobriety tests". Hemight want to choose the blood test.
may also ask you to breath into a handheldSecondly, whether to submit to testing at all
device, technically called a PBT orrequires some knowledge of your state's laws
"preliminary breath test". You will then be-- specifically, the consequences of
arrested. On the way to the police station,refusing. If the increased criminal penalty
you will be asked to submit to a breath orand license suspension do not outweigh the
blood test -- and told that if you don't,possible benefit of depriving the prosecution
your  driver's  license  will  be  suspended.of blood-alcohol evidence, then you may wish
to refuse. Bear in mind that the prosecution
What should you do and say during all of thiswill charge you with two offenses, DUI and
to minimize the risk of a criminal convictiondriving with over .08% blood-alcohol; without
and  a  license  suspension?a blood or breath test, he cannot prove the
.08% charge, and there will be no chemical
1. Politely decline to answer any questionsevidence to corroborate the officer's
without an attorney present. It is a cardinaltestimony. You should also realize that in
rule in legal circles that only incriminatingmany states chemical evidence of a very high
statements are included in police reports andblood-alcohol level, say over .15%, can
later testified to in court; statementstrigger  more  severe  penalties.
pointing to innocence are invariably ignored,
forgotten or misinterpreted. Bluntly put,5. In almost all states, your driver's
whatever you say will almost never help youlicense will be immediately suspended if
and  can  only  hurt  you.either (1) the chemical tests results are
.08% or higher, or (2) you refuse to submit
2. Decline to take any so-called fieldto testing. You have a right to a hearing to
sobriety tests. These are theoreticallycontest this administrative suspension, and
intended to determine impairment, but in factthere are many possible defenses, many of
are designed for failure. In most cases, thethem technical in nature. This hearing is
officer has already made the decision tousually separate from the criminal
arrest and is simply going through theproceedings, and involve different procedures
motions and gathering further evidence toand issues than in court; it is not uncommon
bolster his case (he is the one who decidesto lose the criminal case but win the
whether you "pass" or "fail"). In almost allsuspension hearing. However, as most motor
states, you are not required to submit tovehicle departments do not really want the
this "testing". It's unlikely that taking ittime and expense of providing these hearings,
will change the officer's decision to arrest.they tend to provide notice of the right
buried in fine print given to arrestees. The
3. Decline to take a "PBT" (preliminarycritical information is the requirement that
breath test). These handheld units arean actual demand for the hearing must be made
carried by officers in the field to helpby the arrestee -- usually within ten
decide whether to arrest or not and arecalendar days. If you do not contact the DMV
notoriously inaccurate. In most states,within ten days, you lose all rights to a
drivers are not required to submit to thesehearing -- no matter how good a defense you
tests (in some they are required if you aremay have. Tip 5: Get an attorney right away,
under 21). Although most states admit theor make the call yourself -- and make sure
results of these tests into evidence only toyou can later prove you made the call within
show the presence of alcohol, some permitthe ten day window!



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