Skip to main content

Avoiding a DUI Arrest & Conviction

Posted by attorney Daniel Perlman

AVOIDING A DUI ARREST Here is a simple guide to help avoid arrest and conviction when stopped under suspicion of DUI. My practice loses an average of $20,000 each month currently by giving this advice which is printed on the back of my business cards. I get at least one call a week thanking me for the "warning" and explaining how they escaped an otherwise certain arrest.

First Rule: Do not admit to drinking. When you attempt to explain how you had a beer earlier at a BBQ or that you had a glass of wine with dinner three hours ago, you are admitting to drinking. The officer is trained to only hear the words "I HAD ACOHOL TODAY" and this admission gives them much of what they need to arrest you. Second Rule: Do tell the officer: "I hereby invoke my right to remain silent and wish counsel to be provided if I am being detained, or arrested and questioned. Third Rule: Do tell the officer: "I respectfully refuse to submit to field sobriety testing and a preliminary alcohol screening device (PAS breath test)." Fourth Rule: Do tell the officer: "I will submit to a breath or blood test in conformity with implied consent ONLY." Fifth Rule: Do tell the officer: "I do not consent to a search of my person/vehicle/residence/business and/or property." By following the above simple instructions - you don't need to even understand them, you are likely to deprive the officer of the legal ability to arrest you. Even if they suspect you are DUI, they are more likely to give you a warning than to take 2-3 hours out of their shift to process someone who hasn't given them good evidence for a conviction. Obviously, if you are well over the limit and your physical symptoms of impairment are significant, the above is unlikely to keep you from being arrested. It will however permit you time to "sober up" before you consent to either a breath or blood test at the station or hospital. Note: It is never a good idea to drink and drive. Even if you are below the legal limit, your reaction time and judgment may still be impaired and the risk of harming yourself or someone else is elevated.

Author of this guide:

Was this guide helpful?

Avvo DUI email series

Sign up to receive a 3-part series of useful information and legal advice about DUIs.

Recommended articles about DUI

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer