DUI Conviction

How to smartly escape being convicted under DUI?

DUI stands for "Driving Under the Influence" of alcohol. This is sometimes referred to as DWI which stands for "Driving While Intoxicated". Police personnel usually suspect drivers on accounts of DUI or DWI when they notice significantly irregular and questionable pattern of driving or on a regular DUI "sobriety checkpoint" or in case you are involved in an accident. In such cases, the police officer will approach your car and ask you to undergo a PBT test or a Preliminary Breath Test using a hand-held device. You will be arrested immediately afterwards and asked to undergo a blood test or a breath test on the way to the police station at the nearest hospital. In case you refuse to submit or cooperate with any of the above, your driving license will be suspended automatically for 1 good year.

Here are few important tips in order to handle the above illustrated situation and help in minimizing the criminal proceedings and avert the suspension of your driving license.

1. Do not answer any questions unless and until your attorney is present along with you. However, ensure that your refusal is as polite as possible. It is highly critical for your attorney to be present at the time of your interaction with the police so as to avoid your statements being misinterpreted or you're being falsely implicated. Past experiences and case studies suggest that 8 times out of 10, statements that suggest innocence or weighed down against statements that suggest criminal negligence.

California DUI Laws
Dui Laws In Georgia

DUI / DWI Conviction and Driving Rights

2. Most of the states do not mandate the submission of field sobriety tests and hence do not voluntarily undergo any field sobriety tests. Since the decision of whether you cleared or fail to clear the field sobriety tests depends entirely upon the presiding police officer, you may not be aware about whether the result is genuine or not.

3. Most of the handheld PBT's are not as accurate as they should be and hence one should not undergo a PBT as it is not a mandatory process. None of the states convict entirely based on the findings during the PBT and most of them even do not mandate this as crucial evidence in conviction charges of DUI.

Breath Analyzer Test or Blood Sample Test

4. Choose the test option that you want to undergo depending on the situation that you are actually in. The decision of whether to opt for a breath analyzer test or a blood sample test or a urine test (in some states) entirely depends on what kind of situation you are in. Blood tests are more accurate than the breath analyzer tests.

5. Get an attorney as soon as you get caught in a DUI situation. Most of the Motor Vehicle departments give a ten day period for the arrestee to appear in front of the DMV and present your side of the case. In case you fail to appear before the DMV you lose all the rights for hearing and hence it is best to utilize the ten day window instead of appearing for a criminal proceeding in a court of law.