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Top Ten (10) Tips To Avoid Being Convicted of DUI, and Saving Your Driving Privileges In California
TYPICAL DRIVING PATTERNS OF IMPAIRED DRIVERS
California CHP Officers are trained to look for patterns of driving behaviors as indicators of impaired driving. The National Highway Traffic Safety Administration's DWI Detection and Standardized Field Sobriety Testing Manual identifies twenty-seven specific driving patterns and behaviors as traits and indicators of drunk and impaired drivers:
1. Turning with a wide radius
2. Straddling center or lane marker
3. Appearing to be intoxicated
4. Eye fixation
5. Tightly gripping the steering wheel
6. Slouching in the seat
7. Gesturing erratically or obscenely
8. Face close to the windshield
9. Drinking in the vehicle
10. Driver's head protruding from the vehicle
11. Almost striking object or vehicle
12. Weaving
13. Driving on other than designated roadway
14. Swerving
15. Speed slower than 10 mph below limit
16. Stopping in lane for no apparent reason
17. Following too closely
18. Drifting
19. Tires on center or lane marker
20. Braking erratically
21. Driving into opposing or crossing traffic
22. Slow response to traffic signals
23. Signaling inconsistent with driving actions
24. Stopping inappropriately (other than in a traffic lane)
25. Turning abruptly or illegally
26. Accelerating or decelerating rapidly
27. Headlights off at night
INOPERATIVE OR DEFECTIVE VEHICLE EQUIPMENT
It is always a good idea, prior to driving a car, to make a routine check of your brake lights, head lights, license plate lights, and turn signals.
DRIVING DURING SPECIFIC HOURS
Be cautious when driving after 12 a. m. Most police officers believe that Los Angeles drunk driving incidents increase substantially after midnight. Cops avidly comb the freeways for late night drivers whom they suspect of being intoxicated and impaired.
OBEY ALL TRAFFIC LAWS AND SPEED LIMITS
Come to full and complete stops rather than California (rolling) stops
"California" (rolling) stops are illegal
Avoid driving more than 10 miles per hour above or below the speed limit
1. Don't drink and drive!
2. 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 prosecutor, judge , jury, or DMV hearing officer
3. Do not take the Field Sobriety Tests. They are completely voluntary. Many cops imply that if you pass, you will be let go; that may be true, but the cop'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.
4. Politely refuse to answer any 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.
5. Decline to take the preliminary alcohol screening test, 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., breath, blood, or urine. If you are on probation for another DUI, you may have given up your right to decline this test.
6. Choose a urine test if at all possible. It is the most unreliable of the three chemical tests (blood, breath, or urine).
7. Contact me from jail as soon as possible, so we can record you speaking and document your state of sobriety.
8. Make sure all your tail lamps and lights work, and your windows are not unlawfully tinted. Many times persons are pulled over for these offenses, and end up arrested for DUI.
9. Always be on your best behavior. Some jurisdictions video the arrest, breath testing and/or booking process.
10. Make a detailed list of all the events before being stopped up to and including being released from custody.
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