LEGAL GUIDE
Written by attorney Elmer H. Young III | Aug 25, 2010

Secrets to Avoiding a DUI Conviction

How to Protect Your Legal Rights Against Aggressive/Oppressive DUI Enforcement Tactics.

Secret Number One.

Remembering that anything you say to or when in the presence of the officer who stopped you will be used against you in court. Instead, get and keep available a "Driver's Rights Statement", available free on this site. Hand it to the officer along with your driver's license and insurance and then you should not have to make a single comment. Just point to the statement and remain silent.

Secret Number Two.

Never admit to drinking, even if you have been. You will get no "credit" for disclosing information and will likely not be believed in any event, in as much as everyone seems to admit to a "couple of beers." Even if the officer comments on smelling the odor of alcohol on your breath, do not take the bait and confirm his observations by an admission. That will certainly be used as evidence against you.

Secret Number Three.

Resist the temptation to explain to the officer where you have been or what you have been doing. At this stage of the stop it is none of his business! The officer is hoping you will say something real dumb, like "Oh , I've just been down at the the bar with my buddies, hanging out." Saying something like, "I have been tending to my business and personal affairs, Officer", is much less incriminating! But, again that would be unnecessary if you had just handed the offer the pre-printed statement referred to in Secret Number One.

Secret Number Four.

When responding to the officer, use head nods, hand motions or hand signals or signs instead of speaking aloud. You will be accused of having thick tongued, slurred speech regardless of how well you speak anyway so why should you talk at all. It may cause you to feel awkward, but you will not hurt your case nearly as much as you might otherwise. Besides, this will certainly eliminate any slurred speech that might actually be there!

Secret Number Five.

Never, ever agree to submit to so-called 'field sobriety tests or exercises!!" As a Certified Instructor of these tests, I can tell you, you would not likely be able to pass these test cold sober, in you own home. Want to try? Get the instructions on this site and have at them! They are designed to make you look silly and the officer look good! Politely decline these tests, by nodding no when asked, if you do not have a Driver's Rights Statement, or politely decline, as they are not mandatory and completely voluntary. The officer will likely threatened to arrest you if you do not co-operate. Understand this: There is a much greater risk that he will make that arrest and have the evidence he needs, after you perform these tests, so do not do them.

Secret Number Six.

Unless you have had no alcohol at all and have not used an asthma inhaler in the past 30 minutes, do not submit to the roadside breath test requested by the officer. This pre-screening test performed on an " alcosensor" can detect the presence of alcohol and give the officer an estimate of the amount of alcohol concentration in you blood, even thought that number is inadmissible in court. The officer will likely say something like, " let me just check and see if you are OK to drive home." Don't bet on it! Again this test is strictly voluntary, so again, politely decline or nod "no" to to his request.

Secret Number Seven.

Ask the officer to return you license and be allowed to leave. After giving the license, insurance, if the officer says you violated the traffic laws, ask that he give you the citation and allow you to leave. If he says you are impaired, indicate you will get a ride or take a taxi. If the officer will not let you depart or return you license, CONSIDER YOURSELF UNDER ARREST AND BEGIN ASKING FOR AN ATTORNEY! You won't get one, but the evidence will begin to mount in you favor if you have started doing the things suggested so far. Issues of probable cause, will be of interest to your lawyer so get one that very night.

Secret Number Eight.

Unless you can answer "yes" to Each and every one of the following questions, DO NOT SUBMIT to the "official Georgia Implied Consent Tests of breath, blood or urine:

  1. Yes, I am over 21 years of age.

  2. Yes, I am NOT a commercial driver.

  3. Yes, I have a Georgia driver's license.

  4. Yes, I have not just been involved in an accident where a serious injury has occurred to any person or where a death may occur as a result of such injuries sustained in this accident.

If any of the above must be answered with a "No", then consider refusing such testing. This state test is voluntary even though the officer may say that Georgia law "requires" you be tested. You consent is "presumed", but you may withdraw that consent by stating that you refuse such testing.

Secret Number Nine.

Ask for an independent test of your blood. The police may attempt to talk you out of it, indicating that you must do this or that or that it won't do much good, but get it done anyway. Remember this is your test. All that needs to happen is that the blood be drawn for legal purposes and preserved and stored at the hospital or other facility. Then contact an expert in DUI defense. DO NOT get a medical blood test! That is a totally different test. Ask that the officer allow you to make calls to arrange for funds, if not readily available. This independent test may be evidence of your innocence, and if, well, not helpful, the police will never see it.

Secret Number Ten.

When making your call from the jail, call your lawyer first. If you forget, then at least tell your family to call the lawyer BEFORE leaving to go to the jail. Lawyers doing DUI defense work are a lot like gynecologists. When it time to go, it's time to go. So, if your lawyer or doctors says "Call me in the morning", you might just want to get another doctor or lawyer. When you need one, you need one. Just like the doctor, he or she can make the additional calls to set things in action and make important and helpful things happen in your case. What is important in the DUI situation, is that the attorney can immediately begin gathering evidence, names of witnesses, and making arrangements that may assist you in the defense of your case. Even the next morning might not be too late for a blood test. Even other people in jail can testify regarding you sobriety or the manner in which you were treated by the officer. If your lawyer is not available, make contact as soon as possible or call or contact me.

Secret Number Eleven

Learn and understand your 10 day right to request a hearing on the DDS 1205 Suspension Notice you are issued as a " temporary driving permit". It is much more than that and that difference will hurt you if you ignore, don't read and understand and make that written request in the proper manner. My office can provide you with a free form for this purpose, Just call and ask for a DDS 1205 Hearing Request Form, or come by and pick one up, but in either event don't delay!

Secret Number Twelve.

This secret is a little difficult for some folks, but here it is: Very few of the lawyers who advertise they practice DUI defense are equal to the task of competently defending a driver charged with DUI. Big yellow pages, and popularity often spell a volume practice that spells high percentages of guilty pleas. In the Augusta area, in the years 1998 through 2009, less than two percent of lawyers advertising a practice in DUI defense actually attended ANY advanced level DUI defense continuing legal education course or seminar in this highly complicated and specialized field of criminal law. It is safe to say that it would take a conscientious and thoroughly competent DUI lawyer at least an hour to evaluate you case and medical history. If the lawyer you are talking to has concluded ANYTHING about your case in a fifteen minute interview, I would highly recommend you get a second opinion, regardless of the suggestion or recommendation.

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