5 Tips to Help Avoid a DUI Conviction

If you are ever arrested for drunk driving (also called4. Do you choose blood, breath -- or refuse to take
DUI for "driving under the influence" or DWI for "drivingany chemical test? This is a case-by-case decision,
while intoxicated"), your experience will begin with anand involves a number of considerations. First, although
officer stopping you because of some questionableblood tests are subject to many possible errors, they
driving pattern, or possibly because you encountered aare generally more accurate than so-called
DUI "sobriety checkpoint" or you were involved in an"breathalyzers"; if you feel your blood-alcohol level is
accident. The officer will approach your car and askbelow .08%, then you might want to choose the blood
some questions. You will then be asked to performtest. Secondly, whether to submit to testing at all
"field sobriety tests". He may also ask you to breathrequires some knowledge of your state's laws --
into a handheld device, technically called a PBT orspecifically, the consequences of refusing. If the
"preliminary breath test". You will then be arrested. Onincreased criminal penalty and license suspension do
the way to the police station, you will be asked tonot outweigh the possible benefit of depriving the
submit to a breath or blood test -- and told that if youprosecution of blood-alcohol evidence, then you may
don't, your driver's license will be suspended.wish to refuse. Bear in mind that the prosecution will
What should you do and say during all of this tocharge you with two offenses, DUI and driving with
minimize the risk of a criminal conviction and a licenseover .08% blood-alcohol; without a blood or breath test,
suspension?he cannot prove the .08% charge, and there will be no
1. Politely decline to answer any questions without anchemical evidence to corroborate the officer's
attorney present. It is a cardinal rule in legal circles thattestimony. You should also realize that in many states
only incriminating statements are included in policechemical evidence of a very high blood-alcohol level,
reports and later testified to in court; statementssay over .15%, can trigger more severe penalties.
pointing to innocence are invariably ignored, forgotten5. In almost all states, your driver's license will be
or misinterpreted. Bluntly put, whatever you say willimmediately suspended if either (1) the chemical tests
almost never help you and can only hurt you.results are .08% or higher, or (2) you refuse to submit
2. Decline to take any so-called field sobriety tests.to testing. You have a right to a hearing to contest this
These are theoretically intended to determineadministrative suspension, and there are many possible
impairment, but in fact are designed for failure. In mostdefenses, many of them technical in nature. This
cases, the officer has already made the decision tohearing is usually separate from the criminal
arrest and is simply going through the motions andproceedings, and involve different procedures and
gathering further evidence to bolster his case (he is theissues than in court; it is not uncommon to lose the
one who decides whether you "pass" or "fail"). Incriminal case but win the suspension hearing. However,
almost all states, you are not required to submit to thisas most motor vehicle departments do not really want
"testing". It's unlikely that taking it will change thethe time and expense of providing these hearings, they
officer's decision to arrest.tend to provide notice of the right buried in fine print
3. Decline to take a "PBT" (preliminary breath test).given to arrestees. The critical information is the
These handheld units are carried by officers in the fieldrequirement that an actual demand for the hearing
to help decide whether to arrest or not and aremust be made by the arrestee -- usually within ten
notoriously inaccurate. In most states, drivers are notcalendar days. If you do not contact the DMV within
required to submit to these tests (in some they areten days, you lose all rights to a hearing -- no matter
required if you are under 21). Although most stateshow good a defense you may have. Tip 5: Get an
admit the results of these tests into evidence only toattorney right away, or make the call yourself -- and
show the presence of alcohol, some permit them tomake sure you can later prove you made the call
prove the actual blood-alcohol level.within the ten day window!