Your absolute best chance of beating a DUI is to not drink. You second best chance is if you drink, don’t drive. Those are the top two plain and simple. However, try as I might to encourage people not to get behind the wheel of a car after too many drinks, it happens every year. According to statistics from Mothers Against Drunk Driving, in 2010 more than 1.41 million people were arrested for driving while under the influence. This is a staggering figure considering that many people are never pulled over. But if you do find yourself looking at red and blue lights in your rearview after having a few drinks, here is the best process to keep you from making your life even worse.
*Note. This is really only an option if you aren’t completely wasted and still have some of your faculties.
Stupid and obvious advice, I know, but if you gear your mind right you can pull your wits together. It might not keep you from falling down or slurring your words, but just get your game face together.
Be Nice and Respectful
Cops have a tough job and if you can demonstrate to them that you are cool, that you are not going to be hateful, that you are rational, and that they can have a conversation with you, things are going to go much better than acting a fool. Say “yes, sir” and “yes, ma’am”. You don’t have to kiss up to them, but just be cool.
Don’t Take Any Field Tests (FSTs)
These are tests like walking a straight line, saying your alphabets, counting backward from 20, touching your nose with your eyes closed, and about a million other motor skills tests. Be polite, but decline to take these. Tell them your lawyer and your brother-in-law or uncle who is a cop told you not to. It is well within your rights to decline these. The reason that you do this is because while everyone knows they are biased and flawed, they will most likely be filmed and will be used in your trial if you take them. So just do yourself a favor and don’t give the prosecutor any extra ammo to use against you.
Chemical Tests: You Have to Take One
When you got your driver’s license, you gave your consent to be tested if suspected of drunk driving. So you have to take either a blood, urine, or breath test. If you don’t, they will fine you and take your license, even if you are later found to be innocent of the charge. So don’t refuse one of these. But don’t just take any of them, take the blood test. The blood test takes longer to arrange, requires more time from the arresting officers, and has chain of custody issues that all play in your favor. Urine is a close second, and the breath test is terrible.
The Game Plan
So when you are pulled over, be polite and respectful. Refuse all field tests, and then ask to take a blood test. This will let the police know that you mean business and that you are sober enough to ask for the correct test.
drinking and driving. There is never an advantage to it.