10 Tips to Minimize Your Risk of Being Convicted of DUI (driving under the influence of alcohol)

  1. When questioned for DUI before arrest, you  are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI investigation, either before or after arrest, then there will not be any statements that can be used against you in court.

  2. Field Sobriety Tests are completely voluntary.  If you perform them, you may be arrested anyway. It may be. better not to give the cop evidence  that will be used against you in court. You can politely refuse to do the field sobriety exercise.

  3. If you are older than 21, refuse to take a preliminary alcohol screening test. This on-the-scene breath test is completely voluntary, and you have the absolute right to refuse this type of breath test.

  4. When given a choice of blood, breath, or urine test after arrest, choose a urine test if at all possible. It is the most unreliable of the three chemical tests (blood, breath, or urine).

  5. If no urine test is available, choose a breath  test. The breath machines are not 100% accurate and there are many possibilities for error.

  1. Contact a friend or relative from jail as, soon as possible so they can hear you speak and note your state of sobriety.

  2. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.

  3. Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

  4. Make a detailed list of all the events before being stopped up to and including being released from custody.

  5. Retain an experienced DUI defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury. 

--Remember, the best way to avoid a DUI conviction is to not drink and drive. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for DUI, does not automatically result in a conviction or loss of your drivers license.

The above tips are designed to provide accurate and authoritative information. It is not designed to render legal opinions.