FREE CASE EVALUATION

The best way to avoid a Drunk Driving or “DUI” conviction is obviously to avoid being arrested.

But how do you avoid being arrested? In fact there a number of things you can. Each will lessen or eliminate your chances of being stopped or contacted by the police or California Highway Patrol.

If you are going to drink, then you should:

Not drive.
Avoid any type of vehicle.
Don't assume that you can't be arrested for Drunk Driving on private property.
Before going out removing any and all incriminating items.
Eat before starting to drink
Avoid drinking if you have a fever.
Consider taking a cab.
Have a sober friend drive.
Walk.
Get a hotel room.
Designate a Driver.
Drink at home.
Don’t drink.

If you are going to drive then make sure:

All your tail lamps and lights work.
Your windows are not unlawfully tinted.
You do not have a trailer ball hitch blocking your license plate.
You have both rear and front license plates.
Make sure your registration is current AND displayed.
Don’t speed.
No California stops.
Don’t throw cigarettes or trash out of your windows.
Don't blast your stereo.
Don’t give your friends a ride - if they puke you will draw attention to your car.
Don’t drive to slow.
Make sure your lights are on.
Use your turn signals.
Don’t follow too closely.
Wait 2 hours for each drink you consumed (after your last drink) before driving.
If you find yourself on the road and you stop because you are tired or realize that you did consume too much then sleep inside your car in the back seat, with the ignition off and the keys in your pocket - completely off the roadway.

If you are stopped and you have been drinking:

Provide the officer your license, registration and proof of insurance even before asked.
Politely refuse to answer any of the cop's questions.
Politely refuse to do the Field Sobriety test.
Politely refuse to take the preliminary alcohol screening test - If you are older than 21.

If you are arrested:

When given a choice of blood or breath choose a breath test.
Contact a friend from jail as soon as possible so they can hear you speak and note your sobriety.
Always be polite and respectful.

Once you are released:

Write a detailed summary of all the events before drinking all the way through being released from custody.

Hire an attorney who is a member of California DUI Lawyers Association, and a member of the National College for DUI Defense and do this inside the first ten (10) days from your date of arrest.

Photograph arm bruising from a blood draw.

Go to the scene and take photographs.


Things to look for once the case against you begins:

Breath machines are subject to error.
Test must be administered in accordance with state law.
Who was "in actual physical control" of the car?
Did the officers see you driving?
Was there probable cause to make the "stop?"
Was the breath machine calibrated?
Were you given the proper implied consent warning?