There are a number of myths about avoiding DUIs that range from beating a breathalyzer test by drinking pickle juice to driving around with an empty beer car. When pulled over after drinking, there are a few things to do that are not myths. None of the items listed below would guarantee that you or I would be exonerated from a potential DUI charge. However, a number of actions can be taken to avoid getting a DUI conviction. First, there are a few actions you can take after being pulled over.
1. How to handle a roadside sobriety test
As demonstrated by fellow sober students in my beginning yoga class, many sober people cannot perform some of the activities required in a roadside sobriety test. For example, many beginning yoga students in a local recreation center had difficulty balancing on one leg in ideal conditions. Performing similar acrobatics in less ideal conditions than a calm and well-lit rec center, such as by the side of a dark road with traffic whizzing by while being scrutinized by a police officer, can be almost impossible. When asked if you have any medical conditions that would impair your ability to successfully complete a roadside sobriety test, it is wise to truthfully disclose any injuries including having a bad back or history of hip problems.
2. How to answer questions
NEVER confess to anything without first consulting a lawyer. Exercise your right to remain silent. A confession will not help you or give you a lighter sentence. Also, do not volunteer any information that you might think will help prove your innocence. Do not talk to law enforcement officials without a lawyer present. Simply say that you refuse to speak without a lawyer present and use your one phone call wisely.
3. How to beat a chemical sobriety test
There is no way to beat a chemical sobriety test for alcohol except to stall for time. It is wise to consult with a lawyer before consenting to chemical tests. Some illicit substances can be found in a urinalysis or blood panel even if you were not driving under the influence of those substances. For example, marijuana will test positive for about a month after consumption due to its unique properties to bind to fat cells and bone. Also, poppy seeds consumed in a pastry may test positive for opiates.
4. NEVER provide consent for your vehicle to be searched
Even if you have no knowledge of illicit substances or drug paraphernalia in your vehicle, never consent to a search. In some cases, incriminating evidence can be found that you might not know about. For example, it is feasible that a friend might have accidentally left prescription allergy medication in your vehicle. It is also possible that you might have forgotten about over-the-counter medication for daytime cold treatment left in your glove box. Many over-the-counter brands of daytime cold medication contain DMT, which in large quantities can have hallucinogenic effects and impair driving ability.
5. Call a DUI lawyer ASAP
Never count on the judicial system to work as it should. DUIs carry too much risk to be taken lightly. A DUI conviction can limit your employment opportunities, make your car insurance skyrocket, and cost a good amount of money. Hiring a DUI lawyer is not cheap. However, an effective lawyer can provide quality advice along with acting as your advocate during a difficult time.
6. Do what your lawyer tells you
Typically, lawyers do not ask clients to gather documentation such as doctor’s notes for fun. If your lawyer tells you that it would be in your best interest to get a note from a physician describing a physical condition that should not impair your driving ability but would impair your ability to pass a roadside sobriety test (e.g. a physician’s note stating that you were recently treated for having a bad back or hip), get the note. In the end, you hired a lawyer to provide the best representation possible. Due to various laws related to HIPPA and medical privacy, you may have to gather some of your own documentation to be exonerated from an unlawful DUI arrest.
7. In conclusion, stay calm
DUIs should not be taken lightly. However, it is imperative that you stay calm throughout the entire process. Panicking and shouting at police officers is almost always a poor idea. NEVER confess to anything, exercise your right to remain silent, do not provide consent to search your vehicle, and hire a lawyer to get the best possible results.
This Guest post was provided by ChuckerReibach.com, Richmond traffic attorneys practicing in the commonwealth of Virginia.