Avoiding a DUI Conviction

Below are some Tips to Avoid Being Convicted of DUI-Drunk Driving,and Saving Your Driving Privileges in California:

1. Don’t drink and drive!
   If you have been drinking, call a taxi or have a friend drive you home
2. Always drive safely.
   Most DUI-Drunk Driving stops are for traffic violations such as speeding, unsafe lane changes, illegal turns, etc. Be focused and attentive while driving. Drive at the speed limit. Be sure to turn on your headlights, fasten your seatbelts, etc. Do not play with your car stereo or do anything that will divert your attention from your driving, such as eating in the car while driving
3. Do not let the police officer check your eyes and do not agree to take other Field Sobriety Tests.
   If you are suspected of DUI-Drunk Driving, the police officer will usually first want to check your eyes. He will ask you to hold your head still and follow his pen or finger with your eyes only. This is called the Horizontal Gaze Nystagmus (HGN) test which is a Field Sobriety Test. Nystagmus is the involuntary jerking of the eyes. When the test is administered correctly by the officer and Nystagmus is detected, it can be an indicator that the alcohol is present in the suspected driver’s blood. The problem is that many officers DO NOT administer the test correctly and will often short-cut the test, but yet the officer will write in the arrest report that he/she observed “clues” supporting an arrest for DUI – Drunk Driving. The HGN test is nothing more than a tool for the officer to use to gather evidence that will be used against you. Since the HGN test is a voluntary test, it is your right to elect NOT to participate in the test. An honest officer can not write that you failed a test that you elected not to do. Always be polite, but say to the officer “on the advice of my attorney, I elect not to participate in any filed sobriety tests.”

   In addition to the HGN test, other Field Sobriety Tests often given by police officers are: finger to nose, hand pat, finger count, say the alphabet backwards, count backwards, one leg stand, walk the line and turn, and what ever other crazy test the officer can come up with.

   Note that only the Horizontal Gaze Nystagmus test, the One Leg Stand test, and the Walk and Turn test are considered Standardized Field Sobriety Tests and are approved by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) and are part of the DWI Detection Standardized Field Sobriety Testing Program. Any other test is simply not reliable as there are no studies supporting them

   Like the HGN, all Field Sobriety Tests are completely voluntary and you do not have to take them. Always be polite, but say to the officer “on the advice of my attorney, I elect not to participate in any filed sobriety tests.”

   Many law enforcement officers will tell you that if you pass the tests you won’t be arrested. But if the officer smells alcohol on your breath, it is very likely that you will be arrested. Some officers will tell you that if you refuse to take the Field Sobriety Tests, you will go to jail. Do not allow the officer to intimidate you. If you’ve been drinking, you will likely go to jail anyway.

   Some officers will also tell you that if you refuse to take the Field Sobriety Tests, they will tell the court and it will be evidence that you are guilty. Field Sobriety Tests are completely voluntary and it is your right to elect not to take the test.

   By agreeing to participate in Field Sobriety Tests, you are helping the officer gather evidence and build a case against you. You are giving the officer the opportunity to write in his report that you “failed” the tests. The tests are subjective and the officer’s idea of “passing” is very different than yours. You are better off not giving the officer “evidence” that he will use against you. Again, be polite, but say to the officer “on the advice of my attorney, I elect not to participate in any filed sobriety tests.”

Read more DUI TIPS From Riverside DUI Attorney Manuel Barba