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TIPS TO
AVOID BEING CONVICTED OF A DUI
-
 Retain
an experienced DUI/DMV defense attorney to
represent you. Only an experienced
DUI/DMV defense attorney is able to spot
your favorable issues and present them to
the prosecutor, judge, jury or DMV hearing
officer.
-
Do not
take the Field Sobriety Tests. They
are completely voluntary. Many Officers imply that
if you pass, you will be let go; that may be
true, but the Officer's idea of passing
is different than most people's! You
are better off not giving them evidence they
can use against you. Politely decline to do
the Field Sobriety Exercises.
-
Politely
refuse to answer any of the Officer's
questions concerning the DUI investigation,
either before or after the arrest. That way,
there won't be any statements that can be
used against you in court.
-
Decline
the Officer's request that you take the
Preliminary Alcohol Screening Test (PAS),
if you are over 21. The Officer will
usually imply you have to
take it; you do not, and it
does not count as one of the tests
you do have to take, i.e. a breath or blood.
(Urine tests are no longer used due to their
unreliability). If you are on
probation for another DUI, you may have
given up your right to decline the PAS test.
-
Make sure all your
tail lamps and lights work, and your windows
are not unlawfully tinted, and you do not
have a trailer ball hitch blocking your
license plate. Many times persons are pulled
over for these minor offenses, and end up
arrested for DUI.
-
Always
be on your best behavior. Some
jurisdictions video tape the arrest, breath
testing and/or booking process. Photograph
arm bruising from a blood draw.
-
Make a
detailed list of all the events before being
stopped up to and including being released
from custody.
-
Last and
most important! You have ten
(10) days from your date of arrest to
call the DMV and request and APS hearing.
Also
See Know your
California DMV Rights and
Know your California
DUI Rights
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