A California driving under the influence, or DUI, charge is so serious that it can cost you thousands of dollars and make your dream job impossible to get. The following are things you can do to avoid getting a DUI prior to ever getting stopped by police. These ways may actually decrease you odds of being arrested for DUI.
Every DUI arrest starts out the same. They start off on what is called “Totality of the Circumstances.” In other words, every DUI arrest is based on one question about what the officer knew at the time. Did he or she have probable cause to believe that you were driving while under the influence of drugs and/ or alcohol?
Typically, police and courts look at the tiniest amount of evidence for an indication of whether you were intoxicated at the time of the traffic stop.
Remember, the following may lower your chances of being arrested for DUI. It may also increase your chances of being found not guilty, if you are arrested for DUI.
Keep Calm. It easy to become frightened or nervous when you see police lights flashing behind you, but you have to act normal. Turn on your turn signal. This will let the officer know that you see him or her and plan to safely pull over. Find a safe, suitable area and pull over. Do not slam on the breaks or ignore the officer’s lights. These action indicate that you are intoxicated.
Remain in Your Vehicle. Some drivers will get out of their vehicles and immediately approach police cruiser. Police want you to remain in your vehicle. They are worried about a violent situation occurring, their safety, your safety and the safety of other motorists and pedestrians. So remain in your vehicle to decrease the chance of creating a dangerous situation.
Avoid Chewing Gum. Police are trained to look for what’s known as “cover-up” like gum, breath sprays or mints. These are often used to eliminate the odor of alcohol on your breath. When you put any of these things in your mouth as an officer approaches, you are sending a message that you’ve been drinking.
Always Have Your Documents Close to You. Keep your proof of insurance, driver’s license and vehicle registration handy. The worst thing to do is start searching through the glove box to find documents during a traffic stop. Also, it shortens the length of the traffic stop.
Be Nice. Remember the old adage about not saying anything if you don’t have anything nice to say. People who are under the influence of alcohol or people who just do not like being questioned typically are more aggressive with police. Aggressiveness is often misinterpreted as intoxication. Thus, you may be charged with DUI even though you are not drunk.
Of course, it is never a good idea to drive while you under the influence of drugs or alcohol. According to studies, a person’s average blood alcohol concentration, or BAC, will rise and fall approximately 0.02 percent per hour. That’s why it is a good idea to take a taxi or have someone drive you home. If an officer smells alcohol on your breath, you will likely be asked to complete field sobriety tests. In the State of California, these tests are voluntary, so you can politely decline them.
If you are arrested for DUI, call the Law Offices of Jonathan Franklin immediately to schedule your free consultation. Jonathan Franklin is a former prosecutor who know defends the rights of those accused of driving under the influence in Southern California.
