SIMPLE TIPS TO AVOID A DUI CONVICTION — AND TO PROTECT YOUR LICENSE TO DRIVE:

Make sure all of the lights and signals work properly, that your front windows are not tinted, and that your registration is kept current. Always wear your seat belt and shoulder harness. Most DUI arrests result from a traffic stop for these minor offenses.

Most importantly, DON'T DRINK AND DRIVE!

If everyone you know can make it through his or her whole life without slipping up on either of these first two, you needn't read on any further. If, however, someone slips up and is subjected to a traffic stop, read on — there is a right way and a wrong way to deal with the traffic stop!

Be on your best behavior throughout. Some police agencies videotape portions of the arrest, breath testing and/or booking process; in fact, some police cars begin the taping before you are even pulled over.

Politely refuse to answer any questions concerning the DUI investigation, including your drinking pattern, your eating or sleeping habits or medical condition, either before or after the arrest. Remember, the police are documenting your responses to use against you in court; if you say nothing, there won't be any statements that can be used against you in court or DMV proceedings.

Do not take the so-called Field Sobriety Tests. No officer will ever tell you, but they are completely voluntary. Officers commonly tell you that if you pass, you will be able to proceed on your way. These tests are designed to fail you; that is, the officer is trained to critique your performance and to scrutinize you in accordance with criteria which are very different from what the instructions would suggest. Suffice it to say that the cop's idea of passing is different than most other people's! You are better off not giving them evidence they can use against you. Politely decline to do the Field Sobriety Tests.

Politely refuse to take the preliminary alcohol screening test, if you are over 21. The officer will usually imply you have to take it. The test is not mandated — unless your probation terms from a previous DUI require you to submit to it — and even if you do take it, it does not relieve you of your obligation to take a blood, breath or urine test. Understand that the device used for this roadside test does not have the built-in safeguards to prevent inaccurate readings, yet the numerical values are often allowed into evidence—provided that it supports conviction!

Choose a urine test if at all possible. It is the most unreliable of the three chemical tests (blood, breath, or urine).

Contact me at 650.679.9040 as soon as possible, so we can record you speaking and document your state of sobriety.

Make a detailed list of all the events you can recall before being stopped--up to and including being released from custody. You will want to thoroughly record your drinking pattern and any medication you might have taken. Estimate the approximate times. Write down the reason for your traffic stop and list whatever sobriety tests you were called upon to perform.

Contact us online or call us at 650.679.9040 for a consultation to discuss your legal options.