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.
- 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.
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.