Avoiding Jail For DUI

DON'T DRINK AND DRIVE: This is the most effective measure for avoiding jail, obviously. Rest assured, we have never been retained by someone who was the passenger of a cabbie or designated driver. DUI is the most frequently committed violent crime in the U.S, and this section would not be complete without recognizing that the surest way to avoid a DUI arrest is to simply not drink and drive. With this in mind, the following tips are provided for the various stages of avoiding and managing a potential DUI arrest and incarceration.

PREVENT BEING PULLED OVER
PREVENT BEING ARRESTED FOR DUI
PREVENT A JAIL TERM FOR DUI

PREVENT BEING PULLED OVER

AVOID THE OFFICIAL DRIVING PATTERNS OF IMPAIRED DRIVERS
Police Officers are trained to look for these specific patterns and driving behaviors as indicators of impaired driving. The National Highway Traffic Safety Administration's DWI Detection and Standardized Field Sobriety Testing Manual identifies twenty-seven specific driving patterns and behaviors as traits and indicators of drunk and impaired drivers:

1. Turning with a wide radius
2. Straddling center or lane marker
3. Appearing to be intoxicated
4. Eye fixation
5. Tightly gripping the steering wheel
6. Slouching in the seat
7. Gesturing erratically or obscenely
8. Face close to the windshield
9. Drinking in the vehicle
10. Driver's head protruding from the vehicle
11. Almost striking object or vehicle
12. Weaving
13. Driving on other than designated roadway
14. Swerving
15. Speed slower than 10 mph below limit
16. Stopping in lane for no apparent reason
17. Following too closely
18. Drifting
19. Tires on center or lane marker
20. Braking erratically
21. Driving into opposing or crossing traffic
22. Slow response to traffic signals
23. Signaling inconsistent with driving actions
24. Stopping inappropriately (other than in a traffic lane)
25. Turning abruptly or illegally
26. Accelerating or decelerating rapidly
27. Headlights off at night

ENSURE AGAINST INOPERATIVE OR DEFECTIVE VEHICLE EQUIPMENT
Prior to driving, make a routine check of your brake lights, head lights, license plate lights, and turn signals. Inspect your vehicle for any minor imperfections a police officer might use as an excuse to stop you.

DRIVE DURING SPECIFIC HOURS
Be cautious when driving after 12 a. m. Most police officers believe that drunk driving incidents increase substantially after midnight. Cops avidly scan the roadways for late night drivers whom they automatically suspect of being intoxicated and impaired.

OBEY ALL TRAFFIC LAWS AND SPEED LIMITS
Come to full and complete stops rather than California ( rolling ) stops. Avoid driving more than 10 miles per hour above or below the speed limit.

AVOID UNNECESSARY OR PROLONGED OBSERVATION
Don't allow unnecessary or prolonged observation of your driving. If you are being followed by a cop, avoid arousing suspicion while you pull into the first possible location.

PREVENT BEING ARRESTED FOR DUI

DECLINE THE HORIZONTAL GAZE TEST
Do not allow the officer to pass his finger or pen or other objects by your eyes and ask you to follow while not moving your head, as this test is very controversial and highly discredited in some scientific circles.

DECLINE THE PORTABLE BREATH DEVICE TEST
Another problem is a number of people are confusing the small hand-held breath device – about the size of a package of cigarettes – with the larger breath-testing machine usually employed at the police station itself. The hand-held unit is part of the field test and if you are 21 and over you always should refuse to blow into it because it may be highly inaccurate, while the blood or breath test at the hospital or police station, on the other hand, is required by law. You must complete one of those two tests: Blood or breath. Again, when I talk about you blowing into the breath machine, I absolutely do not mean the small hand-held device in the field. In my opinion, it may read inaccurately and convict you of DUI when you clearly are not. It may, in my opinion, falsely convict you and give you a criminal record for life. I said for life – not just seven or ten years. Note: If you exhibit objective symptoms of drugs, they can require you to take a second blood or urine test, if you choose breath as your first option.

EXERCISE YOUR OPTION TO BREATH RATHER THAN BLOOD TEST
You will not lose your license automatically for failing to do the field sobriety test under the “Stop and Snatch Laws,” which came into effect July 1, 1990. There is a lot of misinformation in that regard. You do not have to take a roadside breath test either. You still have your choice of blood or breath, and you always should choose breath testing down at the station house as your first choice. If you cannot provide a breath sample at the main testing facility, only then allow a blood test. A favorite trick played by the officers is to put a scowl on their face when you explain politely to the officer you know your rights and the law does not require you to blow into the small hand-held unit on the side of the road.

AVOIDING A JAIL TERM FOR DUI

In the event that you are unrepresented by a qualified DUI specialized attorney, or are underpresented, and a conviction or plea bargain to a lesser charge is inevitable, the following alternatives may be available to you depending on the circumstances affecting you particular DUI case: Even in the case of a conviction, it is possible for a skilled defense attorney to obtain alternatives to jail for their clients. Alternatives to jail include:

› Electronic Monitoring
› Work Release or Work Furlough
› City Jail
› Alcohol or Drug Rehabilitation
› Sober Living

Each of these options should be fully explored, and a decision reached based upon the individual facts in each case.

Electronic Monitoring: This is also known as "House Arrest", and involves wearing an ankle bracelet that electronically monitors the whereabouts of the wearer. Usually, arrangements can be made for the wearer to go to work or school, so long as they are home by an appointed time.

Work Release: This involves working at a site determined by the Probation Department. The participant works there during the day, and gets to go home at night to sleep.

Work Furlough: This option allows the participant to keep their own job; however, they return to a dormitory-style facility to sleep at night. They are released to go to work during the day.

City Jail: Also known as "private jail" or "weekend jail." Many local police departments operate a City Jail program. Participants check themselves in to the police station, and usually spend the night there, to be released sometime the following day.

Alcohol or Drug Rehabilitation: Sometimes a DUI or drug-related arrest is merely the unfortunate symptom of an underlying addiction issue. While this is certainly not the case in every instance, some people who are arrested for these types of cases can best address alcohol or drug rehab as an alternative to jail. A skilled defense attorney will know how to obtain this type of relief for their clients, and prevail upon a judge to allow this as an alternative to custody and fines.

Sober Living: For those that are multiple offenders, or have a drug or alcohol problem that has not responded to past attempts at treatment, sober living is sometimes the best alternative. These are houses, both for men and women, where all of the residents are sober. The structure of each house will vary, but residents are usually required to attend a 12-Step meeting daily, participate in house groups and functions, and perform a household chore. In addition to allowing the participant to avoid a lengthy jail stay, sober living environments have helped many improve the quality of their lives.

If you, or someone you care about, have been arrested as the result of a problem with alcohol or drugs, please contact a DUI LAWS attorney. We'd be delighted to help.

DUI Prevention Driving under the influence can be prevented by doing the following: DO NOT DRINK AND DRIVE: If you drink alcohol, let a friend drive or call a cab. WEAR YOUR SAFETY BELT: It is your best defense in a DUI crash. BE A RESPONSIBLE HOST: Stop serving drinks early. Make sure intoxicated guests do not drive. DESIGNATE A DRIVER: Have one person in your group refrain from drinking alcoholic beverages to assure a safe trip home. DO NOT MIX ALCOHOL AND OTHER DRUGS: For example, one antihistamine with a drink may double the effect of both. CELEBRATE SAFELY: Participate in community and school events for teens promoting alcohol and drug-free activities.

10 TIPS TO MINIMIZING YOUR RISK OF BEING CONVICTED OF DUI/DWI, DRUNK DRIVING OR DRIVING UNDER THE INFLUENCE IN CALIFORNIA -------------------------------------------------------------------------------- When questioned for DUI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI / DWI investigation, either before or after arrest, then there won't be any statements that can be used against you in court. Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises. If you are older than 21, refuse to take a preliminary alcohol screening test. This on scene breath test is completely voluntary and you have the absolute right to refuse this type of breath test. When given a choice of a blood or breath test after arrest, choose the breath test if at all possible. It is more unreliable than blood. If no breath test is available, choose a blood test. While you can refuse a chemical test, the DMV penalties are greater for refusing. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical. Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior. Make a detailed list of all the events before being stopped up to and including being released from custody. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury. -------------------------------------------------------------------------------- Remember, the best way to avoid a DUI or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for dui / dwi does not automatically result in a conviction or loss of your driver's license in California. The above tips are designed to provide accurate and authoritative information. It is not designed to render legal opinions.

Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

Mr. Casey has won numerous awards in the field of DUI and heads a premier DUI Defense firm in San Diego, CA, successfully representing San Diego DUI clients and routinely attaining favorable verdicts such as not guilty, hung jury, dismissed cases, and greatly reduced penalties.
Contact Us Today to achieve the most favorable results in your DUI case.

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