Sunday, February 6, 2011

It's not that hard to avoid a Super Bowl DUI, even if you are driving in California today - lawyers' clues

No DUI Conviction in California even after the Green Bay - Pittsburgh show? Attorneys offer these helpful tips and suggest it's possible once the lights go on.


* In California on Super Bowl Sunday, you are required to give a suspecting DUI cop only your insurance, registration & license.

It's real important to remember that any additional evidence gathered by the drunk driving cop is part of his plan to convict you of a DUI. So do not join that plan. Stand firm. Polite decline to help convict yourself, lawyers stress.

* DUI police like to ask lots of question before any arrest (with the intent of convicting you or setting you up).

You're not then in custody for the purposes of Miranda warnings, along the side of the road or wherever.

Gently but convincingly do NOT answer any of the DUI investigating officer's questions, before or after the California arrest. Why? To avoid incriminating statements which would be presented against you in California DUI court, attorneys know.

* Field Sobriety Tests (FST's) are voluntary, so volunteer NOT to do them.

If attempted, you will be arrested anyway.

Again, it's a real good idea not to give the investigating officer any DUI evidence that will be used against you in court. Otherwise, he takes notes of all the things you did wrong because that is how he was trained, believe it or not. Bottom line: refuse to do any Acrobatics or Gymnastics.

* Never blow into any PAS or hand-held gadget (portable breath machine device), otherwise known as a preliminary alcohol screening (PAS) test. Unless you are under 21 or currently on DUI probation, the test is optional so exercise your option NOT to blow in the street.

Attorneys will tell you how unreliable these machines are: one can essentially blow about the legal limit after eating just white bread or soy sauce (alcohol-free).

* Because a DUI cop only offers blood or breath test, select big breath test machine at the station or jail.

California DUI breath machines are not 100% accurate and there are many possibilities for problems, e.g. DUI'>http://www.sandiegodui.com/defenses.html">DUI & Drunk Driving Defenses to Breath Test.

* Telephone a loved one to listen to you speak, hear your words and that you were not slurring like the cop will probably say. Jails like to give folks their "one call."

* Be calm & courteous with the cops; most will reciprocate. How you are observed by the cop goes into his report which is then how you will observed in California court by a DUI jury, criminal defense lawyers emphasize.

* Note everything in order prior to your arrest, up to and including your release from custody. A pen and a paper are good friends.

* Simply avoid drinking and driving. Darn cell phones will get you in trouble. Music on the radio sounds good until you hear a siren mixed in your surround sound.

It may be lawful to drink and drive but it's easier to get a designated driver. To make sure you're not over .08%, go to Amazon.com and buy a small breath test gadget to estimate how much alcohol is on your breath prior to getting into a car listening to tunes and being tempted to fiddle with your Iphone or Droid.