How Do I Avoid Getting a DUI – Or, How to Guarantee You Get Nailed for Your DUI

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How Do I Avoid Getting a DUI – Or, How to Guarantee You Get Nailed for Your DUI

Florida Driver Caught Drunk Driving While Live Streaming Herself

Every time a prosecutor, expert or police officer talks or testifies about why drinking and driving is dangerous, they mention that alcohol affects your judgment.

This has to be the perfect example of that.  Earlier this week, a woman in Florida was apparently DUI.  While there were probably thousands of Florida women doing the same thing at the same time, this particular woman was either inebriated and/or stupid enough to live stream herself as she was doing it.  In the video, which will now be the first thing to come up any time someone Googles her name, she admits being drunk and lost and says she thinks she is driving on a flat tire.

Aside from the enormous embarrassment she is going to suffer from this, it screwed her in several ways as far as getting prosecuted.

  • First of all, concerned viewers called police who used the landmarks seen in the video to track down and arrest this woman.
  • Second, guess what is going to be featured prominently if she ever goes to trial?  “May it please the Court, the Prosecution would now like to play Exhibit One Your Honor.”
  • Lastly, it made what would certainly have been a run of the mill DUI into a high profile media case.  No prosecutor is going to want to hand her any sort of deal.

Obviously, the easiest way to avoid a DUI is to not drink and then drive.  But, if you do, don’t literally broadcast it.

Friends often ask me what to do to avoid getting a DUI.  Again, the best way is to not drink and drive, period.  If you are at a party at my house, you will be tested on the same filed breath test device the police use before you leave.  That option is not available to most people and the cheap do-it-yourself tests you can get at 7-11 are essentially worthless.  So, here are a few pointers if you have a couple and are stopped driving home.

  • Pay very close attention to how you are driving and try and stay steady in your lane.  Line the left corner of you vehicle with the lane marker and keep a consistant distance from it.
  • Or, just don’t drive if you have been drinking.
  • Avoid freeways if possible and do not drive through areas with lots of bars and restaurants.  Those are where the most cops are.
  • Or, just don’t drive if you have been drinking.
  • Make sure to stay right around the speed limit.  Set your cruise control if you have it.  Too fast or too slow attracts police attention.
  • Or, just don’t drive if you have been drinking.
  • Don’t listen to music or cell phone or have a conversation.  If you have been drinking, any distraction can make things worse and more dangerous.
  • Or, just don’t drive if you have been drinking.
  • If you are stopped by the police, get your driver’s license and papers out right away and have them waiting for the cop when he or she asks for them.  They watch to see if you have any problems retrieving them.
  • Or, just don’t drive if you have been drinking.
  • Don’t lie to the cop.  If you have been drinking and they notice the odor and you say you haven’t had anything to drink, you are going to be getting out for a further investigation because they think you are lying.
  • Or, just don’t drive if you have been drinking.
  • Almost every DUI driver says they had a couple beers and finished a long time ago.  Again, do not lie to the cop, but, the best possible answer is a couple mixed drinks/cocktails and you just finished.
  • Or, just don’t drive if you have been drinking.
  • If they ask you to do field sobriety tests, tell them that an attorney friend of yours has told you they are too subjective and misleading and you respectfully decline.  Yes, if they are asking and you say no, you are probably going to get arrested.  But, know that it is incredibly rare that the cop asks someone to do the field sobriety tests and then decides to let them go.  Don’t just give them more evidence to use against you.
  • Or, just don’t drive if you have been drinking.
  • Be especially aware if they ask you to follow a pen or their finger with your eyes without moving your head.  This is called a horizontal gaze nystagmus test (HGN).  The police and the prosecutors experts claim it is a very accurate way to tell if someone is under the influence.  It isn’t and it will be a key piece of evidence used at your trial.  Say, I respectfully decline to do any of the tests.  If you can remember horizontal gaze nystagmus or HGN, say you are declining to do that test as well.  The cop will then be wondering how you know so much.
  • Or, just don’t drive if you have been drinking.
  • Unless you are under 21 or on probation for a DUI, NEVER take a filed breath test.  Respectfully decline saying you understand they are very inaccurate and prone to misreadings.  They are and you don’t want to just give them more evidence against you.
  • Or, just don’t drive if you have been drinking.
  • You have to do a blood or breath test if you are arrested.  If you are certain you only had one beer (not the 8.5% craft types) or one glass of wine (not the red cup full), do the blood test.  It is more accurate and will show you are under the legal limit.  Otherwise, do the breath test.  It is only an approximation of your blood alcohol level and is easier to attack in court.
  • Or, just don’t drive if you have been drinking. (Sense a theme here?)

If you do get arrested, get a very good DUI lawyer right away. They can help avoid or minimize the consequences. Call San Diego Defenders ! (619) 258-8888

www.sandiegodefenders.com