Easy way to get through Memorial Day Weekend without the gamble of a California DUI, lawyers note:
* Please do not drink and drive. It may seem obvious but there's lots of ways to avoid driving. Most folks do not drink alone so figure out who you are drinking with that CAN drive.
It is NOT against the law to drink and drive as long as you are not over .08% BAC and you not legally under the influence of alcohol and/or drugs, buying a portable breath test gadget may help determine your breath alcohol level prior to starting up the car.
* Provide your license, registration and insurance. You do not have to provide any further evidence to a cop who is trained to convict you for DUI.
* When you are contacted by DUI police, you will be questioned before any arrest. Since you are not in custody for the purposes of Miranda warnings, you may politely refuse to answer any of the investigating officer's questions, before or after the California arrest. That way, there will not be incriminating statements that can be used against you in court.
* Acrobatics or gymnastics, aka Field Sobriety Tests (FST's), are optional and completely voluntary. If you try to do them, you may be arrested anyway. It is better not to give the investigating officer any DUI evidence that will be used against you in court. You can politely refuse to do any FST's.
* Polite refuse to blow into any hand-held gadget, aka, the preliminary alcohol screening (PAS) test. If you are older than 21 and not on DUI probation, the test is voluntary and you have the right to refuse this type of DUI breath test.
* Since the officer may only offer a blood or breath test, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error. See DUI'>http://www.sandiegodui.com/defenses.html">DUI & Drunk Driving Defenses to Breath Test. When given a choice of blood, breath or urine test, choose a urine test if it is available as urine is the most unreliable DUI test.
* Telephone - do not text as you cannot be heard texting - a friend or loved one as soon as possible so they can hear you speak and note of your state of sobriety. You should be able to make a phone call from San Diego detention facility.
* Behave and always be respectful at all times to the police. How you are perceived by a DUI jury, prosecutor, DMV hearing officer and Judge is obviouslyimportant.
* Type chronological list of everything that happened before being contacted by police up to and including your release from jail.
* Research via Google California DUI defense attorneys.
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