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HOW TO AVOID & BEAT THE DUI / DWI RAP!

HOW TO AVOID & BEAT THE DUI / DWI RAP!

By Richard Wallace II
Author of "An Educated Guide to Speeding Tickets - How to Beat & Avoid Them!"

This is article number 6, in the continuing series of articles that I have been writing for Buy Radar Detectors. All of my previous articles can still be viewed here, so if you missed any of the fascinating articles that deal with beating speeding tickets, avoiding speeding tickets, photo camera radar, radar detectors and the bait and switch of speed detection equipment you should catch up on your reading today, you will be glad you did.

In this, the sixth article in my series, we will look at how a motorist can learn how to avoid and beat the driving while intoxicated or operating under the influence rap. Now before we get under way here, I first must tell you all why I felt that an article dealing with beating and avoiding a DWI rap was necessary. In its simplest terms, I feel the punishment does not fit the crime and it is widely unfair in its enforcement. Let me explain. You see, in all states the DUI / DWI / OUI laws apply equally to the motorist who consumes 3 or 4 drinks and then decides to drive a motor vehicle and the same for the motorist who consumes 10 or more drinks and then operates his car. The punishment and penalties are rendered the same for both motorists. It is clear to me from my over 15 years of law enforcement experience that the motorist who consumes 3 or 4 drinks is far more sober and able to operate a motor vehicle properly than the motorist who consumes 10 or more drinks. The real hazard on the roadways today is this severely intoxicated motorist, not the business man or woman who decided to have a few drinks after work and then drives home. While both of these people may be legally drunk according to the law, with the blood alcohol level being .08 in most states, which is about 3 drinks in an hour, the real threat to public safety is the severely intoxicated driver, not the light drinker. I advocate laws in all states based on the levels of total intoxication, not just if the arrested persons blood alcohol level is over .08. There are many other factors that need to be considered before we throw the book at somebody who just consumes a few drinks. Again, simply put, the punishment should fit the crime and it does not in my opinion.

In this article I will tell you a little about what the police are taught in the academy to assist them detect drunk drivers. You will learn how to avoid detection if you have been drinking and decide to drive. You will learn what to do and most importantly, what not to do when stopped by the police. You will learn why you should refuse all field tests as well as any blood alcohol test you are requested to submit to by the police. By using my strategies outlined in this article, you will probably never get convicted of drinking and driving in a court of law. And lastly you will learn how you can save your drivers license and also thousands of dollars by not paying fines and insurance surcharges.

What Police Look For

All members of various law enforcement agencies nationwide must attend some type of police academy prior to becoming a certified police officer. And one small part of the training they receive while at the academy is how to spot or detect a suspected drunk driver on the road. They are taught to look for certain actions or violations of the motor vehicle code. Many of these actions or the failure to perform them, is a clear signal to the police that the operator may be intoxicated. Some of these actions and violations that the police are taught include the following:

  • Operating a motor vehicle at night without headlights being turned on.
  • Operating a motor vehicle at night with the high beam lights on at all times.
  • Failing to use turn signals when making a turn.
  • Failure to turn off turn signals after a turn is made.
  • Speeding.
  • Slow Speed in areas where it is not logical.
  • The ever famous weaving to and fro upon the highway.
  • Sudden and short braking due to slow reactions or intoxication.

Any of these as well as many others outlined in my book, can trigger the police to initiate a traffic stop. If you make a conscious effort not to commit any of these violations, you will greatly reduce your chances of being stopped by the police. Remember, the police need probable cause to stop your vehicle, don't give them any. By knowing what the police look for prior to stopping a suspected drunk driver, you greatly reduce your chances of being detected and stopped by the police.

If You're Stopped

If the unfortunate does happen and you get stopped by the police, there are some very important things you need to know before you ever get stopped, and these include what to do and most importantly, what not to do or say to the police. Lets talk a little about those strategies and tactics now.

If you find yourself getting pulled over, first, pull over well off the highway and off the road itself. This reduces the likelihood your vehicle will get towed if you get arrested. Next, get yourself together. Pop a mint or gum in your mouth. When the police officer comes up to the vehicle be sure you NEVER admit to drinking ANY amount of alcoholic beverages. Do not self incriminate yourself. Make the police officer do his job, don't help him out. Answer questions only when necessary. Believe it or not, you do have the right to remain silent. Be cooperative but do not give the officer any evidence to be used against you. If the officer suspects you have been drinking he may ask you to perform some oral tests like counting or reciting the alphabet. You must refuse these and any and all other tests. Yes, you can refuse to take these tests. For some reason people believe they must submit to the field sobriety tests and this is not true. You must refuse all oral and then actual field tests like walking the line, standing on one foot, following the pen with your eyes and any and all other tests. Simply tell the officer you are refusing all tests and are invoking your fourth amendment rights against self incrimination. You are trying to give the officer little or no probable cause to arrest you. Remember, an officer can only arrest a person with probable cause and in a DUI / DWI case, that probable cause is the field tests administered at the scene of the traffic stop. By refusing all tests, the officer is left with a couple of choices, he can let you go, call a ride for you or take you in for DUI / DWI. Believe me, the officer knows he is on shaky ground by arresting you without any or little probable cause other than his observations.

Refuse All Tests

If the police officer decides to arrest you, once you arrive at police headquarters you may be asked again to perform oral and other sobriety tests. Now you are being filmed and recorded, so again, refuse everything. When asked to submit to a blood, urine or breath test to determine your blood alcohol level, you must refuse these tests. Yes, you will lose your license but you will also lose it if convicted for DUI / DWI and I will tell you why you should refuse shortly. Remember, the police are trying to build a case against you by getting evidence, do not help them by giving them anything to help build their case. With no field tests, sobriety tests of any kind and no blood alcohol levels, the police will find it difficult to get a conviction in a court of law against you for DUI / DWI. At this point you may be processed and released on bond or arraigned in court. Be sure to hire a lawyer and a good one because he will help you get out of the arrest completely.

Counting Your Losses

Now let me talk to you and present a comparison of your losses versus your gains should you refuse all field and blood alcohol tests. Follow closely and you will see the wisdom behind my strategies and tactics that I just presented. You will see that you will save your drivers licence from being taken for lengthy periods of time as well as saving thousands of dollars in fines and insurance premiums.

First, if you properly parked your vehicle once stopped by the police, and well off the roadway, you may save money by not having your vehicle towed from the scene of the traffic stop. In refusing to submit to blood alcohol level testing, you will receive an automatic loss of license for about 6 months for a first time arrest. This is a loss for sure, but not a big one. And you may have to pay a restoration fee to the registry of motor vehicles to get your license back, so another loss. Now lets move on to the gains. If you have followed my advice and refused all field, sobriety and blood alcohol level tests, you have given the state a hard case to prosecute. And with a good lawyer, no jury or judge can convict you based on just an officers observations. So in court, the case will probably get dismissed or the charge changed to a lower offense. A complete victory for you. Just be sure the plea bargained reduction is not a reckless driving because the same fines and insurance premiums may be imposed against you. If is very doubtful the court will want to prosecute you because of their weak case, so most will plea bargain with a defendant and his attorney. So if you win in court and are not convicted for DUI / DWI. you will not have to face two days in jail, any fines which usually range around $500.00, you will not have to pay over $200.00 to attend an alcohol awareness program and most important, you will not face mandatory SR-22 insurance premiums on your automobile insurance policy. All states and insurance carriers require this SR-22 insurance which is essentially insurance on your drivers license. It is usually equal to or more than you currently pay for your automobile insurance. The average cost for the SR-22 insurance is $1,500.00 each year for 3 years or more. You do not have to pay this because you did not cooperate with the police and help them build a case against you so you could get convicted in court for DUI / DWI. And by having no conviction on your driving record, you do not face lengthy license suspensions in the future should you get stopped and cited for other traffic violations. And finally by not getting convicted for DUI / DWI. in court, you suffer no suspension or further loss of your operators license.

Final Tips

Some additional information you should be aware of if you do drink and drive include the following. If you ever pull over and want to rest or sleep it off, be sure to turn the engine off and remove the keys from the ignition. In some states, a running even tho parked vehicle, or a vehicle with the keys in the ignition constitute operation, so be sure to follow this rule. If you have only consumed a drink or two and get arrested for DUI / DWI. you may want to take the blood alcohol level tests to show that you are innocent and are not driving drunk. Remember, one alcoholic beverage is what the average human body can remove from its bloodstream per hour and no more. Drinking coffee or water does not sober up an intoxicated person. People need to know their own bodies and how well they can handle their consumption of alcoholic beverages. Everybody is different. A person may look drunk and is not, just as a person whom is legally drunk, may not look it. Anybody that consumes 3/4 or more drinks in an hours time period is most likely legally drunk. So drink wisely and carefully.

In closing, I hope that you found this article helpful and educating. I am not here telling you that I am advocating drinking and driving but lets face it, Americans consume a lot of alcoholic beverages every day and inevitably people will get in their vehicles and drive after drinking. I am here to educate the public, assist them in understanding their rights when it comes to getting stopped by the police for suspicion of DUI / DWI and let them know they have protection under the law. I do feel that the person who consumes 10 or more drinks and gets in a motor vehicle and drives away, deserved to be prosecuted to the fullest extent under the law. He is clearly not using proper judgement is poses an immediate hazard to others on the roadway. For the casual light drinker, I ask they use good judgement, consume liquor responsibly and follow my advice should they find themselves getting stopped by the police.

As I have explained to you in my other articles as well as in my book entitled "An Educated Guide to Speeding Tickets-How to Beat & Avoid Them!"available for purchase right here BuyRadarDetectors.com, if you are unfortunate to find yourself on the receiving end of a speeding ticket or other traffic violation, you must remember to remain calm, be polite to the officer, cooperate without admitting any guilt, and do not be afraid to use a good excuse or ask for a written or oral warning from the officer. And always appeal each and every speeding ticket and go to court. You should also follow all of the tips, tactics and strategies I talk about In my book the "Educated Guide to Speeding Tickets" You should do your homework and prepare for your day in court. Feel free to contact me if you have any questions or need advice. You can contact me via my website or telephone number as found in the "Educated Guide to Speeding Tickets" book again which is available for purchase right here.

I hope you found this article both revealing and easy to understand. Thank you for taking the time and interest in the reading of my articles as well as visiting the BuyRadarDetectors.com website. May God Bless us all and keep us safe upon the highways and byways.

2 TrackBacks

DUI Lawyer Hennepin County MN from DUI Lawyer Hennepin County MN on April 29, 2008 12:56 PM

MANCHESTER, N. H. - Police say a man they pulled over for driving drunk continued to swig his beer during his arrest. Patrick Allain, 35, faces numerous charges after his arrest Monday night, the fourth time he\'s been arrested for driving while intoxi... Read More

DWI Lawyer Washington County MN from DWI Lawyer Washington County MN on May 7, 2008 7:47 PM

First and foremost, please do not drink and drive. It is a dangerous choice to make not only for you, but the other drivers on the road as your judgment and reaction times are commonly slowed or impaired, making you a more dangerous driver. Also, if ... Read More

74 Comments

Fourth amendment rights? How about fifh amendment. As far as plea bargaining down, what are you going to plea bargain down to win? Public Intoxication. The minimum you could plea to is a lower misdemeanor DWI conviction. Yeah that's a real win. Get your advise right. That's probably why you're no longer a police officer.

Thanks for the free advise
I too don't agree with the dui laws,If you got money it's not a big deal.
I'm a truck driver,If I go out with my wife on sat.night have a few and get pulled over,I might be out of a job. For the most part dui is a money maker for alot of people-townships

Jason is right, if you have so much law enforcement experience, how do you not know that it's the 5th amendment that pertains to self incrimination. Haven't you ever heard, "I'm pleading the fifth"? Being a cop in the US Military, my advice to you, is to not drink and drive. And, to all of you who do, I hope I pull you over.

Yeah, refusing all tests is a great strategy. A great stategy to not only get yourself a traffic citation, but also criminal charges, such as obstruction of justice. Also, w/ the lowering of the BAC, a 0.08% reading will only get you a three month loss of license. A refusal of a breath test will get you six months loss, your choice. I've also seen convictions based on officer's observations, it happens. And judges usually don't take kindly to drunk guys who refuse to cooperate with police, especially if the police officer makes it known in his report and a good one will. But all around pretty shitty advice.

Joe, I think what Mr. Wallace is suggesting is that you may be better off refusing the tests if you are reasonably confident that you will not pass them.

While I am certainly not an expert in this area, it seems logical that a guaranteed six month loss of license for refusing to take the tests and a decent chance at avoiding the DWI would be preferable to a guaranteed DWI and all that goes along with it (loss of license, fines, attending classes classes, high insurance premiums).

hmm....Seems like good advice if you KNOW you're pass the legal limit. Better than going to court and trying to beat all the evidence you gave to the cops. Thanks

Good advice, for those who are not sure that they would pass all the test and have the pocket book to get around the law. But the best advice is still to avoid drinking & driving. When on trial your up against the memories of those killed and disabled by drunk drivers. By the way its the Fifth amendment.

Maybe you left law enforcement so long ago you never heard of a telephonic or telefax search warrants. While you may think what an officer sees and smells may not be enough to convict in court it will probably be enough for a judge to sign a warrant for blood. Then your license will be suspended for refusing and law enforcement had it evidence for court.

You seem to be lacking knowledge in your supreme court cases. Law enforcement only needs reasonable suspicion that criminal activity is afoot to stop a vehicle, not probable cause. Also, the fifth amendment protects against self incrimination. The fourth amendment applies to the search that is sure to follow after you refuse all field sobriety tests.

To Bob, the Gung Ho cop. Bob, I also agree. The best way to avoid a DUI is to not drink and drive and I in no way condone it. But, due to public hysteria, todays DUI laws are unfair and overkill. .08 is ridiculous. That's no more unsafe than an 80 year old woman with slow reflexes and bad eyesight, or a quadraplegic driving a spedially equipped vehicle, but they don't go to jail. Also his advice to not take breath or blood tests is good advice if you feel that you would not pass. You have every right in the world not to help the officer prove his case, as I'm sure you would do in the same situation. I have read of Judges and public officials pulled over and refuseing to take BAC tests. If anyone knows the law it would be a Judge.
Also Bob, how many of your fellow Police officers have you pulled over for various offenses up to and including DUI and then let them go without tickets? We've all heard the stories about "Professional Courtesy" If you said you never did it you would be lying. For some reason, it's OK for an off duty Police office to break traffic laws, but a regualr citizen would get ticketed. Again, proof that the system can be extremly unfair, especially low income citizens. I would be willing to bet that you , Bob have driven over the legal limit or impaired at least once in your life If you said you didn't you would be lying. Also, the 4th ammendment refers to the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

In Kansas it is not possible to plea bargain a dui.I think your advise was good 10 years ago but our legislators have closed alot of these loopholes that were possible to use.

How do you beat a dwi conviction when your injured in an accident where you just killed several people?


Thank u for that information. I didn't know that now I'll be more careful. I'm not big drinker anyway's.

how can i aviod dui when i already had blown and i want to now how i can defend myself because i am a truck driver and this is my liveyhood.

good site your info is very infomative but when you are druck you think by tring to pass the field test the pigs will let you go
but you are right you do build they care you actully help
good info

hello....just need some general advice....i was arrested and charged with dwai 2 weeks ago....the arresting officers gave me a breathlizer test and the urine test....i took the breathlizer but refused the urine (i knew i would fail)....breathlizer came out 0.0....when they searched my vehicle drug paraphanalia was found....what are my chances of beating this charge?

I think that the big picture is to not drink and drive at all. The laws have been made tougher because people are killed. I am a cop and have been for several years. I get anonymous reports of DUI all the time and it always holds up in court because it's a public safety issue. Go ahead and drive I'll be waiting for you.

The idvice is good in most cases. A cop stopped me and could smell the beer on my breath. I even admitted to having one beer (actually it was 2). However, I refused to say the alaphabet backwards when asked. Yet I did stand on one leg and walk a straight line when asked because I knew I could easly do those things. In the end the cop let me go without so much as a verbal warning.

I was in a terrible accident (not my fault)and knocked unconcious for 40 min. I was not coherant and the officer keep asking if I drank. (There was an open bottle of wine in the car left from vacation 2 weeks prior) I was on my lunch hour from work and not drinking but was so confused in the hopital (didn't even know where I was) that I refused the blood test. I got scared when I saw the needle. Makes no sense and now I am charged with a dwi. What would you advise. My lawyer doesn't seem very good and I don't have the money to get another one.

To all of you sticklers for the law (including police officer, lawyers, ect.) How come a person who gets (2) DUI's in (1) day will get far lesser penalties and fines than a person who gets (2) DUI's in the course of (8) years. Oh and the BAC's are exactly the same for both parties. That's right, have your doubts, do your investigating, pull out your manuals and read up you ridiculous law abiding junkies. In the end it won't make sense to you either...

I am being charged for a 3rd time DWI, the other two were over 20 years ago. I was in an accident, no one else involved, refused blood tests at the hospital where they were drawn anyway and tested for alcohol. This blood test is now being used against me by the DA. I have the signed refusal statement on hand. I was also arrested walking out of the hospital for a DWI out of the officers jurisdiction. Does anyone have any information or comments on the errors made here and what I might can do to help my case?

Here is the bottom line. MONEY. I was in law enforcement many years ago. Yes I got stopped 2 times for dwi and the cop simply followed me home.

It has been 10 years and I had a single car wreck into a tree. I refused all tests and paid about 5K to a good lawyer and today i'm off scott free.

Do take the advice of not taking the tests but bottom line is if you have 5k to 10k you walk.

A DUI Will Ruin Your Life Unless You Protect Your Rights by Carson Danfield

Since you're reading this, you probably either have a DUI related record or you've just been pulled over for drunk driving. Either way, you're probably frustrated, scared or maybe even a little angry with the whole situation.

The way the current laws are written, it's so easy for the average person to find themselves facing a DUI charge, and presently society makes no distinction between major and minor offenses.

Let's get one thing clear right up front - If you've been charged with a DUI because you had a drink with dinner at your favorite restaurant and a cop smelled alcohol on your breath, you probably didn't deserve to be arrested. On the other hand, if you got behind the wheel of your car and you were "falling down drunk", you deserve to be prosecuted to the fullest extent of the law.

Unfortunately, everyone is treated like a hard-core, menace to society alcoholic and your record is made to reflect that.

I've had personal friends that are cops and you'd be surprised at some of the tactics they use. For example, when pulled over, you're normally asked to produce your drivers license, car registration and proof of insurance. Most people have their registration and insurance documents stuffed in the glove compartment, along with other miscellaneous junk. When asked to produce the documents, it may take them a minute or two to sort thru everything. If the cop wants to make it hard for you, he can write in his report that when asked to produce your documents, you appeared confused and were not able to immediately produce them.

Is that a true statement? Technically yes, but because you may have expired insurance documents mixed in with the current document, so you have to sort thru them to find the right one. But the language the cop uses in his report would lead others to believe that you were so intoxicated that you didn't even know where you were. This is just a way that the cop can put his personal slant on things if he decides he doesn't like you.

The current trend is for law enforcement and the courts to 'get tough' on offenders, but at the same time they're making it much easier to end up with a DUI conviction by forcing states to lower their allowable BAC levels while encouraging police officers to cite more people for DUI.

Consequently more and more everyday 'normal people' are getting caught up in the DUI process and are now faced with the obstacle of minimizing the effects it has on personal life. And in many cases, those effects can be devastating. Imagine losing your driving privledges for an extended period of time, perhaps going to jail, paying a huge fine, performing community service, seeing your auto insurance premiums being tripled or quadrupled. On top of that, your DUI record will be available when a prospective employer runs a background check on you, so you'll probably be restricted to working low paying jobs. You may end up working at the drive-thru window at the local fast food joint. Can you say "Would you like fries with that?"

If you've had a DUI Record for some time then you already know how much damage it's done to your personal life. It's like a big red "X" on your forehead, labeling you for the rest of your life unless you do something about it. You can minimize the damage that the record has on your personal life which will enable you to move on with life rather than constantly being frustrated by this recurring problem.

Most people don't realize that you can clear your DUI record completely. Some states won't allow a formal clearing of the record for you BUT you'll still be able to keep it from showing up on background checks from every single state.

Whether you've just been arrested for DUI or you have an older DUI record, there are things you can do to improve your situation. In order to make the best of things, you should know how the DUI system works and what you can do to minimize the effects of a DUI on your life.

Visit DUI-TRIX.com now to Learn How You Can Minimize The Personal Effects of a DUI Charge

Your "expert" forgot to tell you that 0.08 is not an arbitrary number. It is the result of many years of research, and it is the point at which ALL persons, regardless of weight, drinking experience, and various other factors are impaired.

Therefore, although someone driving around with a .18 may be more dangerous than someone with a 0.08, they are both proven dangerous.

Every body calm down. It's all your fault. You elected the jerks that write these laws and hire these cops, and you still drove after drinking. You think not cooperating will really help? When you live in a county like mine where the city cops, sheriffs and highway patrol ALL have cops on their payroll who have SHOT UNARMED PEOPLE TO DEATH AND GOT AWAY WITH IT, do you think you will remember your rights when it comes time to assert them? I sure didn't, and not just a little bit because I didn't want my girlfriend to watch me get beat up or killed after her having buried a good friend of hers for the same reason just two years before. When there is no reminder from the cop that anything is optional on your part, you tend to focus on his instructions and the gun on his hip. Even though in this particular jurisdiction they have to tell you the rules, it doesn't make the tests inadmissible when they "forget". And if you read the laws in your state, pay attention to the difference between reasonable suspicion and probable cause. Here, they only need the former, which can be based solely on the field tests, which you are supposedly allowed to decline (yeah, right! According to the vehicle code, there is no need to specify a reason for even asking you to take them!) You should be bemoaning the death of the fifth amendment, as well as DOING SOMETHING ABOUT IT. Your average congressional district has about a half million people in it. That translates into only about 100,000 votes to pick a winner in most cases. And most sheriffs are elected! Get involved. You're not a felon, use the rights you do have to get back the ones you let slide. Then you can complain all you like.

Richard's advice is good advice. I can confirm this from first hand experience. If you know you're drunk, then refusal is the best and only option. Any cop will tell you he's right. His advice is useful in all traffic stops. You never want to incriminate yourself or give evidence that may be used against you later on. Anyone who’s served on a Grand Jury can tell you that the prosecution has nothing if they don’t have evidence to support the case. A good lawyer is a must and yes money always talks. Richard’s reference to the 4th Amendment was correct in the sense that the 4th Amendment protects us against un-warranted drug and alcohol tests. That’s why you must consent to the test and that’s why you may refuse. So for all you idiots who think it’s the 5th Amendment. Guess what, if you are exercising your right to refuse a test, (4th Amendment). Then aren’t you avoiding incriminating yourself.

The 5th Amendment states the following: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Refusing a chemical or other test that may incriminate you later in a court of law has nothing to do with the 5th Amendment. I think some of you need to re-read your history. From the looks of some of the spelling in the comments, that might be difficult for some of you.

Even better than what Richard is saying is to do the following. You tell the arresting officer that you will not submit to any tests until you can speak to your lawyer (another one of our rights). Assuming you have one.Everyone should get one even if you’ve never needed one. Always keep his card in your wallet. Since most people get busted at night, your lawyer will not show up till later that morning. By this time you have sobered up and well below the legal limit. After speaking with your lawyer you will gladly submit to testing. No refusal, no evidence, no problem.

The best advice is just don’t do it to begin with. Leave your car, take a cab. No matter what it costs, it’s nothing compared to the consequences.


All this advice was valid and useful... 15 years ago.

If you're dumb enough to get trashed and go driving, please don't kill some innocent person.

I agree with Richard, the punishment doesnt fit the crime. Especially for first time offenders with nary any other traffic violations, and remember, a dui is just a MISDOMEANOR traffic violation. It doesnt make you a criminal by any means. Dui's are all about $$ anyway. If its so bad to drink and drive, why do bars have such easy parking? Its a racket, and you gung ho cops make more $$ from dui's too so...typical 'big brother' bs....

The advice to not submit to testing thus making the case harder to prosecute is in general terms good advice and is your right but be aware that in some states refusal to submit to breath test is a seperate charge and equal to the dui in punishment also in some states if you are over .15% the punishment can be greater the best advice is to not drink and drive outside of that hire a lawyer that is well versed in dui cases.

I enjoyed all your posts. My advise is don't have 1 drink and get in your vehicle the rest of the day or your screwed. If you do get in your car, make sure you have plenty of baggage, wife, dog, bird, etc. in the vehicle. Police hate dealing with baggage. I was pulled over recently for no reason at all. The police gave me a careless driving because I'm a dumbass and told the cop I had a beer earlier in the day and he said I shouldn't be driving. A DUI cop came around and had me do the tests, found my nose, etc... but they are just building a case against you at the time. I blew on the breathalyzer but wasen't blowing hard enough so they gave me a refusal eventhough the machine's horn went off. We got into a verbal argument about blowing "hard enough" so they wrestled me down and slammed me head first into a holding cell with a concussion. They forgot to give me a DUI so the SAO gave me one 20 days later. Since I was on probation, they hauled me in twice for VOP. Once for the refusal and then for the DUI. If you come to Florida, good luck and my best advise is not to drive after 10 PM period.
Down on vacation back on probation.

Good try anyways! You need Reasonable Suspicion to stop a vehicle not probable cause.. thats only for an arrest! Good try your not a cop and if you were you would have known the last statement... if you retards want to go on his statements go ahead... i'll be the first to tell you that a drunk is a drunk and you will loose either way!

My question is: If you agree to take the feild soberity test and fail and then you REFUSE to take the Blood Alcohol Test. What are your chances of beating the Charge?

I have read several of the comments listed above. First of all, I would like to say that many of you are right. It is the fifth amendment that protects against self incrimination. How the writer made that mistake I do not know. However, a great deal of you made some elementary spelling mistakes; how you know which amendment protects against self incrimination but at the same time does not know how to spell simple words is beyond me.

Other than the above, I would say that the writer's report makes perfect sense, especially to those who get pulled over after having several drinks in a short period of time. The police are trained to build a case against you for the prosecutor. Don't give them the benefit. The ONLY thing you should say is that you have had NOTHING to drink. After that, just shake your head "no" to any questions, even during the reading of the Miranda Rights. You will have a far better chance in court, given the fact you find a good lawyer that deals exclusively in criminal law.

It is the 4th ammendment that protects your right to be secure in your own property (ie. your car), 5th ammendement is so you aren't required to testify against yourself like many were before this ammendment.

Regardless, the rules are very state-specific. In PA you are better to deny the field tests, but there is implied consent on the test at the station/hospital. If you refuse this, automatic 1 year license suspension. If you take it and its your first offense, you can get ARD and only a 30-60 day suspension. If its a second offense you should refuse, period. Its 30-90 days in jail depending on BAC. Its a bunch of BS considering they are targeting casual business drinkers whom are not a threat. So they screw good people over so MAD can make money, then people have to go on unemployment but your tax dollars pay for that not MAD.

jason, you fuckin idiot... what do you know anyway? you get misdemeaner dwi reduced to DUI which is a violation, trust me ive done it once to DUI (ny) and once to reckless (ri) and im about to do it again!, the main advice is to NOT TAKE ANY TEST , if u feel the field sobriety test is absolutely passable and your comfortable with taking it then take it becasue it will work for you IF you pass, if you dont your fucked. NEVER take a breathalyzer, its your right not to. And dont admit to drinking, dont be an asshole to the cops (Cas they can lie to incriminate you)

This guy is right if you know you are too drunk to drive but if you are close to that line don't take the field tests and plead the fifth. Then blow at the station (it's easier to fight one piece of evidence than many). I personally have a DUI and the worst thing for me isn't the fines, process, or anything like that is the fact when I get pulled over now I get treated like I am a murder. Also, I live close to Canada and DUI's are felony there and so I can't enter that country and who knows what other countries I cannot go. Those are the 2 worst things for me.

i am getting my third dui.. was scared to refuse because of being intoxacted and was not in a good state of mind when pulled is there any way of using that in court?? how can they make you incrininate yourself while your intoxicated??is there no law against this??

I really don't understand how YOU cops get on here and act like saints. I know plenty of cops that drink and drive and cover for each other. I know plenty of cops who speed (Like + 20 over) and pull out a badge. Please, stop pretending that the writer is doing something wrong.

There's ONE flaw in your tactics, at least in Arizona there is. If you refuse a blood or breath test, you will LOSE your license for at least a year AND get convicted of DUI because the if the officer smells alcohol on your breath, he will obtain a warrant to search your body for alcohol, regardless of the fact that you refused to take the test. Any comments from anyone in Arizona? I'm definitely waiting to hear how to get out of that situation.

If your getting pulled over and you know your over the limit. pull the car over,remove the keys,and down a pint of hard liquor in front of the officer it will make him mad but you will only get a open container ticket. they cannot prove you were drunk while u were driving or after you stopped. It works.

Wow, lots of posts here. I suppose the best thing to do is to never speed when driving at night, especially if you've had a drink. Never argue with the officer and never ever be disrepectful. No brainers here. As far as whether or not to take the tests, use your gut instinct. I did and got lucky. He gave me a break. Many cops know that the laws are unfair and want to give the working man (or woman) a break. There are alot of good ones out there. It only takes a few to give the rest a bad name. We need to change our laws to be more sensible. It all seems to be just about money anymore. I always try to show respect for the law and law enforcers. But I have lost respect for our law makers.

As for the corrupt departments, I think the ACLU needs to put together a task force and trap these corrupt cops. Hidden cameras, microphones etc.

ii am a cop just remember refusing all of these tests can and will be used against you in acourt of law. remember that.

very helpful

wish i would have known all this before this past week. They told me if i dont take the test at the station i would not get out for 3 days. I have kids and i had no choice. Thanks for the advice though and now i will wait for court ! I have never been in trouble and i had a few but i was not waised and all over the road. I blame no one and take my punishments .

Here's a thought for avoiding a DUI/DWI rap... don't do it in the first place. Unless of course you're an idiot.

Can you get out of a DUI if you take a big swig of vodka in front of the officer as he asks for your license and registration? Then all they have on you is Public intoxication right? Sure, he's taking you in but then how do they prove you were drinking beforehand?

I got pulled over refused the field sobrety tests and the breath tests the hypo took me downtown (well thats when i refused the breath test) I then answered the questions as never drank haven"t had any and never have drank. The officer then wrote me a ticket for dui handed the keys to my car back to me that I was not the registered owner to and told me to promise not to drive for the rest of the night ( he pulled me over for speeding I parked in a parking lot car was not towed ) I then walked out of the jail was picked up by a friend and went home ..I have read the police report since then and it matches what I:ve said what are my chances waiting to go to court ????

To all those who think drinking a pint of liquor in front of an officer will deter him from arresting you for DUI: Maybe in some states the police officers are trained to a minimum in DUI enforcement, but in VA, officers are schooled intensely for situations like those. You MUST understand that field sobriety tests are just a piece of the pie in a successful DUI case. Your driving, mannerisms, glassy and bloodshot eyes, fumbling for the license in your wallet, slurring speech, and swaying in your walk is MORE than enough for a conviction without the tests. Just because you refuse the field sobriety tests, blow an .08 (or even down to a .05 in our commonwealth) and think you're good, you aren't. Driving under the influence is exactly that, the influence. Some people can be blasted at .06 and never be able to operate a golf cart much less a car. Some can drink to a .15 and perform the tests perfectly. But to stick to subject, in that case, I would tell the subject to get out of the vehicle, put down the bottle and come stand in front of my car. I would watch him get out of the vehicle, his walking ability, and once he stopped, his sway/stagger. I then would start asking him questions on where he's goin, where he came from etc. to listen to the speech. Then when he refuses the tests, I politely inform him that the pint of liquor he just drank did not have the ability to make him slur, stagger, sway, drive bad, and have glassy bloodshot eyes in under a minute. THEN when the case goes to court, do you think a judge is going to feel that the subject drinking the liquor in front of the officer is a cool way to get through the law? Maybe some other places, but not here. More often than not, the subject receives an ADDITIONAL charge for drinking in public, AND obstruction of justice. These people forego the original fine and suspension etc, and go straight to jail. Not a good choice. Just a little food for thought if you have plans on coming to our commonwealth to drink and drive. Thanks.

hey moron, good idea. refuse all the tests and the officer will get a search warrant for your blood. just because you won't do the tests doesn't mean the officer will say "oh, gee. this guy is just too smart for me. i guess I'll let him go."

This is great advice. The facts are cops can do anything they want. They'll write a police report saying this. that and the third to make you look like a criminal. If you follow what this says and then hire a good lawyer you will be o.k. And make sure it is a expensive good lawyer! Not a good cheap lawyer. Expect to pay 1500-2500 for a first offense, 2500-4500 for second, and 5000+ for a third.

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