If you are under arrest or charged with a DUI offense, you probably know that what you are up against is a serious legal issue in the eyes of the court. Aside from the possible lengthy jail time and unaffordable fines, a conviction for a DUI (driving under the influence) offense could negatively affect your reputation and professional life, especially if you are a commercial vehicle driver.

With all these possible detrimental consequences you could face upon a conviction for a DUI offense, you would want to educate yourself on how to avoid landing in trouble with the law for a DUI-related offense. If you are already arrested or charged with a DUI offense, you can increase your chances of obtaining a desirable outcome by retaining the services of a qualified defense attorney.

Depending on the facts and particulars of your case, a skilled defense attorney can help you obtain a dismissal of the alleged DUI charge or a lighter charge with less harsh consequences. If you are wondering how to avoid a DUI offense and its possible legal repercussions, this article is yours.

Helpful Tips on How to Avoid a DUI Conviction

While a DUI arrest is an unexpected event, a DUI conviction is avoidable. Explained below are tips that can help you avoid a DUI conviction:

Do Not Drink Alcohol or Use Unlawful Drugs and Drive

Undoubtedly, one of the best ways to avoid landing in trouble with the law for a DUI-related offense is to avoid consuming alcohol or using unlawful drugs before you drive. If you know you are planning to travel and you will be the one in the driver's seat, avoiding alcoholic beverages is the best way to avoid a DUI.

In a situation where you are a guest at an event where you suspect you could consume alcohol, organizing transportation means like a taxi ahead of time would be a brilliant idea. Even if you just had one alcoholic beverage, your BAC (blood alcohol concentration) could rise above the legal limit of 0.08%, leading to DUI charges.

If you are under twenty-one (21) years of age, a BAC of 0.01% could attract DUI charges under Vehicle Code (VC) 23136 (zero tolerance law).

Avoid Parking Your Vehicle Near Bars When You Decide to Drive

Law enforcement officers and their agents occasionally drive through parking lots of popular bars and note the color and description of vehicles there. Then, they wait for the vehicle to leave the parking lot and find their reasons for selecting the car to pull over for a quick DUI investigation at a checkpoint.

When the police ask you to pull over at a DUI sobriety checkpoint, chances are they could arrest you for DUI if they saw your vehicle in a bar's parking lot and you exhibit objective signs of intoxication such as:

  • Flashed face.
  • Red eyes.
  • Watery eyes.

Avoid Looking Suspicious

The police will require probable cause to initiate an arrest against you for a DUI offense. Without probable cause to show that your DUI arrest was legal, the judge presiding over your case could dismiss or reduce your charges. Some of the ways to avoid looking suspicious when driving are:

  • Ensuring that your vehicle, especially the turn signals and taillights, are in perfect condition before you ignite it to start your journey.
  • Park your car cautiously when the police ask you to pull over for a DUI investigation at a sobriety checkpoint.
  • Avoid violating any traffic rules, for instance, by making unlawful U-turns and driving beyond the posted speed limit (speeding).

Avoid Being Rude to the Officers Once You Pull Over at a DUI Sobriety Checkpoint

The last step you want to take if you are under arrest as a suspect in a DUI case is to be rude to the arresting officers, because that can only make your case harsher. Sometimes, the police could fail to notice that you are under the influence once you pull up for a DUI investigation, but being rude or aggressive to them could convince them you are drunk or under the influence of other drugs.

When the police at the sobriety checkpoint suspect that there is a possibility you are under the influence, they will ask you to step out of the vehicle and perform field sobriety tests (FSTs). Being polite and cooperative with the officers after stopping your vehicle at a DUI checkpoint shows rational thinking, which you can use as a defense when charged with a DUI.

Stand Up for Your Constitutional Rights

Even if it seems like you have few options, you have legal rights that you should protect when dealing with the officers at a DUI sobriety checkpoint. It would be in your best interest to remain silent when police ask you questions after stopping at a DUI checkpoint because you could accidentally or unknowingly disclose information that can worsen your case.

Unless they want to know your name, you are under no legal obligation to disclose any other information to the police during a DUI investigation at a sobriety checkpoint. Additionally, you are under no legal obligation to accept preliminary alcohol screening (PAS) tests and FSTs after stopping your vehicle at a DUI checkpoint. Common standard FSTs they could require you to perform include:

  • Walk and turn test.
  • Horizontal gaze nystagmus.
  • One leg stand.

Although the police will demand and make it look like you are obligated to take these tests, you can refuse them politely. Even when the officers administer these tests correctly, a sober person could perform poorly on them for other innocent reasons, like poor lighting and uneven ground. That is why it is advisable to politely decline to perform any of them, even if you know you are sober.

Generally speaking, you are under no legal obligation to take a PAS test or FSTs after stopping a DUI checkpoint unless:

  • You are under twenty-one (21) years of age.
  • You are already legally arrested.
  • You are currently on DUI probation.

Choose a Blood Test Upon a DUI Arrest

After a DUI arrest, the arresting police officer could require you to take a blood or breath chemical test to determine your level of intoxication. While each of these tests has its unique advantages, most attorneys recommend taking a blood test because it could take weeks for the officer to receive results.

During this period, your defense attorney can review the arresting officer's report and the method they used to draw the blood to determine if he/she followed the correct steps. Your defense attorney will also analyze the procedure the officers used to transport and store your blood samples for examination to determine if they complied with the correct procedures.

If the arresting officer did not follow proper guidelines when drawing, storing, and transporting your blood sample, your attorney can question the reliability of the results they will receive. At trial, your attorney can argue that the blood test results that the prosecutor has against you are inaccurate and tainted to obtain the best possible outcome on your drug charges.

However, it is worth noting that if you ingested marijuana or any other drug before your DUI arrest, taking a breath test instead of a blood test would be a wise idea because the latter only detects alcohol in your system.

Avoid Main Roads and Sobriety Checkpoints

For a DUI sobriety checkpoint to be legal, the law enforcement agency in charge must advertise it in advance. If you know a particular road has a sobriety checkpoint, using an alternative road or street to avoid the checkpoint would be a great idea, especially if you had one or two alcoholic drinks.

Insisting on Making a Phone Call

According to Penal Code (PC) 851.5(a)(1), every arrestee has a legal right to make at least three completed phone calls upon an arrest. Although the arresting officer can fail to inform you that you have a legal right to make a phone call upon a DUI arrest, you should insist on making a phone call.

If possible, you can call your phone and leave a voice note to help prove to the court that you did not have slurred speech, which is a sign of intoxication. To organize your release from jail on bail, you should also consider calling a friend or relative to contact a reliable bail bondsman or contact them directly if you have his/her number.

A bail bondsman can help you with the bail process if you cannot afford the predetermined bail price for your DUI offense to obtain your release from jail, pending the outcome of your case at trial. Once you obtain your freedom, remember to write down all the details of the case that you can recall, including:

  • The events that occurred before your DUI arrest.
  • The arresting officer's conduct during the DUI investigation process after stopping at a sobriety checkpoint.

The above information can help your defense attorney prepare the best legal defenses to challenge the allegations you are up against for a desirable outcome.

Retain the Services of a Dependable DUI Attorney

Like any other criminal offense, an arrest as a culprit in a DUI case does not mean a conviction is inevitable. The possible outcome you should expect when arrested or charged with a DUI-related offense will depend on the reliability of your defense attorney.

With a reliable attorney who understands the ins and outs of the legal justice system, you could convince the court to drop or reduce your charges. Once you retain the services of a defense attorney, he/she can do the following to increase your odds of winning your DUI charge or obtaining a desirable outcome:

  • Advise you of your legal rights during DUI investigation.
  • Investigate your unique case and gather all the relevant evidence and facts you will need to challenge the allegations you are up against.
  • Work to challenge or weaken the evidence the prosecutor has against you.
  • Focus on convincing the court to dismiss or reduce the DUI charges you are up against.
  • Check the available plea bargain options that the prosecutor offers you.
  • Prepare mitigating arguments to help convince the court to award you a minimum sentence for your DUI charge conviction.

Generally, you cannot undermine the advantage of working with a defense attorney if you are under arrest, under investigation, or charged with a DUI-related offense. A reliable defense attorney can mean the difference between incarceration and obtaining your freedom when charged with a DUI-related offense. Ensure the attorney you will work with is:

  • Credible and reputable.
  • Qualified and seasoned.
  • Accessible and available.
  • Licensed.
  • Cost-friendly.

If you have a friend or family member who has had a DUI arrest or charge in the past that they successfully won, you can ask them to recommend the attorney they worked with to reduce your options.

Examples of Defenses Your Defense Attorney Could Use to Challenge Your DUI Charge

The defense attorney you hire will craft legal defenses to challenge the allegations you are up against based on the facts of your unique DUI case. Listed below are common defenses that could work in your favor to secure a desirable outcome on your DUI charge:

  • The field sobriety test results are inaccurate.
  • The objective signs of intoxication you had were due to innocent reasons like fatigue, allergy, and medications you are on
  • The sobriety checkpoint where your DUI arrest occurred is unlawful.
  • The intoxication was involuntary.
  • You are a victim of mistaken identity.
  • The police entrapped you to commit the offense.
  • You had rising blood alcohol, which affected the accuracy of the PAS breathalyzer test results.
  • The arresting police had no probable cause to initiate your DUI arrest.
  • The containers used to store your blood samples were unsterilized or contaminated.
  • The prosecutor's evidence against you is insufficient.
  • You had mouth alcohol caused by acid reflux or mouthwash.
  • You were not driving.

Find a Credible Defense Attorney Near Me

Although the above-explained tips will not necessarily help you avoid a DUI arrest, they can help you avoid a DUI conviction and associated consequences, including lengthy jail times and the loss of your driver's license.

We invite you to contact our reliable defense attorneys at the Law Offices of Jonathan Franklin at 310-273-9600 if you or a loved one is under arrest or has a pending DUI charge in Los Angeles.