The best way to avoid a Driving Under the Influence (DUI) charge is to not drink and drive. But sometimes unforeseen circumstances can put you in an undesirable situation. If this is the case, there are several important things you can do that will help you avoid a DUI conviction.
If accused of DUI, the arresting officer is going to look for actions and qualitative evidence that supports the charge. The best way to avoid incriminating yourself is to make sure you are following the law to the best of your ability. Always wear your seatbelt, at night make sure your headlights are turned on and when you get pulled over, use your turn signals as you come to a stop in a safe area. Make sure your car is registered and insured and your paperwork is easy to locate in the vehicle. Also, be polite to the officer - don't harass, threaten, or attempt to intimidate. These are all examples of poor judgment and can be used to support the DUI charge.
During the stop, the officer may use a variety of techniques to determine if you are DUI. Remember, you are innocent until proven guilty, and you have a right to refuse any field sobriety test or Breathalyzer. Sobriety tests are subjective in nature and Breathalyzer can be inaccurate - these are not reliable indictors of intoxication. Once arrested, you will be required to take a chemical test. When given the option, choose a blood test over a breath test. The blood sample is preserved as evidence and can be retested if you disagree with the results. Sometimes this may prove to be in your favor.
Finally, after the arrest, write down as many details as you can about the traffic stop and arrest. These details, regardless of how minor they may appear, could be very important to your case. Also, if your license ends up being suspended by the DMV, do not drive. Getting caught will further hurt your chances of a DUI dismissal.
If you have been charged with DUI in Temecula, Murrieta, Menifee, Wildomar, Perris, Hemet, Lake Elsinore, Banning, Corona, Winchester or Riverside, it's important that you obtain the assistance of an effective and experienced criminal defense attorney. Contact us immediately at (951) 842-2347 to schedule a free consultation directly with me.