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How to Reduce Your Risk of DUI

Here are 6 tips to reduce your risk of DUI. First, drive safely. Second, make sure your paper work is in order. Third, know your rights of refusal. Contrary to popular belief, avoiding a DUI isn’t always a matter of dumb luck. If you are going to consume alcohol and drive a vehicle, you should know how to minimize your risk of arrest.

Here are 6 tips to reduce your risk of DUI

  1. Drive safely
  2. Keep your paperwork in order
  3. Know your rights of refusal
  4. Exercise your right to an attorney
  5. Decline the breathalyzer
  6. Seek a qualified attorney

Drive safely

This may seem like superfluous advice, but you should aim to drive even better than you normally do. It’s common for drivers to overcompensate after having a few drinks. This could mean constantly speeding up and slowing down to try and drive the exact speed limit or swerving between lanes. Get back to basics instead. At a stop sign, count the number of seconds you’re at a complete stop and stop right before the line. If you make a turn, turn into the closest lane—don’t swing wide (which is a clue for DUI per studies).

Keep your paperwork in order

Keeping a driver’s license on hand should be easy. Presenting active registration and proof of insurance is arguably more difficult. Set a recurring calendar reminder each year to renew your registration and download your insurance provider’s app if they have one. The state of California recognizes electronic proof of insurance, so there is no excuse not to present current documents. When asked to present your license and registration, clearly state where it’s located and what your intentions are. For example, “My registration is in my glove box and I’m going to reach for it.”

Know your rights of refusal

Field sobriety tests (FSTs) are tricky, so it’s important to know what’s at stake. You are required to submit to a breath test if you’re arrested. A blood draw arguably requires your consent per recent court decisions. This falls under CA’s “implied consent” law which says you’re obligated to submit if you’re a icensed driver in the state. This is somewhat of a catch 22 since a police officer can arrest you based on probable cause and then force you to take a breath or blood test. Essentially, you do not have to submit to a breath test before arrest.

Exercise your right to an attorney

Once arrested, you’re entitled to an attorney. As any evidence collected from a Field Sobriety Test will be used against you, you’re advised to exercise your rights to an attorney as early in the process as possible. As commonly advised, understand you have the right to remain silent and right to an attorney to avoid self-incrimination.

Decline the breathalyzer

If you’re arrested, you must submit to a chemical test; however, it’s not required as part of the preliminary investigation. When possible, submit to the blood test because you were informed you had to submit. Don’t submit to a breath test. The Fourth Amendment states: “The right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, particularly describing the place to be searched and the persons or things to be seized.” The Fourth Amendment is often used as a defense to chemical test results or a refusal in court.

Related: How Long Will a DUI Conviction Stay on My Record?

Seek a qualified attorney

No matter how experienced an attorney may be in criminal law, nothing will increase your chances of success like a qualified attorney who specializes in DUI. Choosing to hire someone like a friend of the family or lawyer who discounts their services below industry standards will often prove disastrous for the accused. An experienced Los Angeles DUI lawyer won’t just know the specifics of DUI, they’ll have a working relationship with local judges and prosecutors, and more importantly, they will fear and respect the attorney (hence better deals).

If you find yourself driving buzzed behind the wheel of a car, there are ways to reduce your chances of DUI. When in doubt, pull over and find another way to get from A to B.

The fastest way to contact me: 310-820-1315

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How to Reduce Your Risk of DUI
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How to Reduce Your Risk of DUI
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Here are 6 tips to reduce your risk of DUI. First, drive safely. Second, make sure your paper work is in order. Third, know your rights of refusal. Fourth, get an attorney.
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Jon's DUI Blog

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