Written by attorney George Fredrick Mueller

Tips on How to Avoid a DUI and How to Minimize Your Risk of Being Convicted of DUI in California

  • Do not drink and drive in California. While it is lawful to drink and drive as long as you are not over the California DUI legal limit and not legally impaired, purchasing a hand-held breath test gadget may help determine your breath alcohol level before you drive.
  • By law, you only have to give the officer your license, registration and insurance. You do not need to give any further evidence designed to convict you of a San Diego DUI.
  • When you are contacted by California DUI police, you will be questioned before any arrest. Since you are not in custody for the purposes of Miranda warnings, you may politely refuse to answer any of the investigating officer's questions, before or after the California DUI arrest. That way, there will not be incriminating statements that can be used against you in California court or at DMV.
  • Acrobatics or gymnastics, aka Field Sobriety Tests (FST's), are optional and completely voluntary. If you try to do them, you may be arrested anyway. It is better not to give the investigating officer any California DUI evidence that will be used against you in court. You can politely refuse to do any FST's.
  • Polite refuse to blow into any hand-held gadget, aka, the preliminary alcohol screening (PAS) test. If you are older than 21 and not on California DUI probation, the test is voluntary and you have the right to refuse this type of California DUI breath test.
  • Since the California DUI arresting officer may only offer a blood or breath test, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error. (See California DUI & Drunk Driving Defenses to San Diego County Breath Test .) When given a choice of blood, breath or urine test, choose a urine test if it is available as urine is the most unreliable California DUI test.
  • Call someone you know as soon as possible so they can hear you speak and note of any state of sobriety. You usually will be able to make a call from County jail.
  • Behave and be respectful at all times to the police. How you are perceived by a California DUI jury is very important.
  • Write down the chronological list of everything that happened before being contacted by California police up to and including your release from jail.
  • Research & Google possible California DUI/DMV defense attorneys to represent you. A qualified drunk driving lawyer will look for positive facts in order to properly present the best strategy at the California DMV hearing and Court.

Getting arrested for Drunk Driving does not inevitably end up in a loss of license or a California DUI conviction. These pointers are suggested but are not legal opinions in any California DUI case.

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