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how to avoid or handle a stop on suspicion of dui

DON’T DRINK AND DRIVE: This is the most effective measure for avoiding jail, obviously. 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 by San Diego DUI lawyer G. Cole Casey for the various stages of avoiding and managing a potential San Diego DUI arrest and incarceration.

 

TYPICAL REASONS FOR BEING PULLED OVER

WHAT TO DO IF YOU ARE EVALUATED FOR DUI

POLICE OFFICER DISCRETION IN ARREST DECISIONS

 


 

Typical Reasons for Being Pulled Over

TYPICAL DRIVING PATTERNS OF IMPAIRED DRIVERS

San Diego 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 – DUI Detection and Standardized Field Sobriety Testing Manual identifies twenty-seven specific driving patterns and behaviors as traits and indicators of drunk and impaired drivers. Avoiding these patterns will help minimize your chances of coming under suspicion for DUI:

  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
  28. Using a cellphone handset instead of a hands-free device
  29. Texting or reading text messages on a cellphone
  30. Taking measures to avoid or evade the patrol car or police officer

 INOPERATIVE OR DEFECTIVE VEHICLE EQUIPMENT

It is always a good idea, prior to driving a car, to make a routine check of your brake lights, head lights, license plate lights, and turn signals.

DRIVING DURING SPECIFIC HOURS

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

Prevent DUI by Obeying All Traffic Laws and Adhering to Speed LimitsOBEY 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.

What to Do if You Are Evaluated for DUI

EXERCISE YOUR RIGHT TO REMAIN SILENT

In California, other than questions about your identity, you are not required to make any admissions or statements regarding drinking and driving to a police officer. Prior to arrest, if you are questioned for DUI or drunk driving in San Diego, 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, there will be no statements that can be later used against you in court. You will not err by saying too little, but can be almost guaranteed that saying too much will be inevitably used against you.

DO NOT SUBMIT TO A ROADSIDE PRELIMINARY ALCOHOL TEST (PAS)

If you are older than 21, you have the right 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.

YOU MUST CHOOSE BETWEEN A BLOOD OR BREATH TEST IF ARRESTED

You DO NOT have the right to refuse to take a blood or breath test AFTER you have been arrested for DUI. Doing so will create significantly more problems for you with both the DMV and the San Diego court system. Moreover, if you submitted to the PAS test on the roadside and you are over age 21, that test DOES NOT satisfy your “implied consent obligations” to take a breath or blood test, if arrested. This can be very confusing, especially now that the San Diego Police Department is using an “in-car” breath testing device that they will administer to you AFTER you have been arrested.

BE POLITE, RESPECTFUL, AND COURTEOUS

It may not seem like it at the time, but the more cooperative and less antagonistic you are with the arresting officer, the better you will fare. Arguing with, fighting with, spitting upon, or cursing at the officer will NOT get you out of being arrested, and could result in additional charges being filed against you that will result in having to post bail to get out of custody, as opposed to being released on your promise to appear in court.

POLICE OFFICER DISCRETION IN ARREST DECISIONS

A study by the National Highway Traffic and Safety Administration [U.S. Department of Transportation Report No. H5-801-230] points out the effect of specific differences on a police officer’s observations and conduct in the field:

  • “The officer’s age and experience play a role in his alcohol-related arrest decisions. Younger officers, and those with relatively few years of seniority, tend to have a more positive attitude toward alcohol-related enforcement and make more arrests on DUI charges than do older officers. This result was found to hold true regardless of the type of department in which the officer serves or the specific type of duty to which he is assigned.”
  • “The officer’s personal use of alcohol is inversely related to his level of alcohol-related enforcement. Patrolmen who drink make significantly fewer arrests than those who do not, and those who drink frequently make significantly fewer arrests than those who use alcohol only occasionally.”
  • “Lack of knowledge concerning the relationship between alcohol and intoxication is widespread among police officers and imparts a negative influence on alcohol-related enforcement. Most officers underestimate

how to avoid or handle a stop on suspicion of dui

DON’T DRINK AND DRIVE: This is the most effective measure for avoiding jail, obviously. 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 by San Diego DUI lawyer G. Cole Casey for the various stages of avoiding and managing a potential San Diego DUI arrest and incarceration.

 

TYPICAL REASONS FOR BEING PULLED OVER

WHAT TO DO IF YOU ARE EVALUATED FOR DUI

POLICE OFFICER DISCRETION IN ARREST DECISIONS

 


 

Typical Reasons for Being Pulled Over

TYPICAL DRIVING PATTERNS OF IMPAIRED DRIVERS

San Diego 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 – DUI Detection and Standardized Field Sobriety Testing Manual identifies twenty-seven specific driving patterns and behaviors as traits and indicators of drunk and impaired drivers. Avoiding these patterns will help minimize your chances of coming under suspicion for DUI:

  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
  28. Using a cellphone handset instead of a hands-free device
  29. Texting or reading text messages on a cellphone
  30. Taking measures to avoid or evade the patrol car or police officer

 INOPERATIVE OR DEFECTIVE VEHICLE EQUIPMENT

It is always a good idea, prior to driving a car, to make a routine check of your brake lights, head lights, license plate lights, and turn signals.

DRIVING DURING SPECIFIC HOURS

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

Prevent DUI by Obeying All Traffic Laws and Adhering to Speed LimitsOBEY 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.

What to Do if You Are Evaluated for DUI

EXERCISE YOUR RIGHT TO REMAIN SILENT

In California, other than questions about your identity, you are not required to make any admissions or statements regarding drinking and driving to a police officer. Prior to arrest, if you are questioned for DUI or drunk driving in San Diego, 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, there will be no statements that can be later used against you in court. You will not err by saying too little, but can be almost guaranteed that saying too much will be inevitably used against you.

DO NOT SUBMIT TO A ROADSIDE PRELIMINARY ALCOHOL TEST (PAS)

If you are older than 21, you have the right 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.

YOU MUST CHOOSE BETWEEN A BLOOD OR BREATH TEST IF ARRESTED

You DO NOT have the right to refuse to take a blood or breath test AFTER you have been arrested for DUI. Doing so will create significantly more problems for you with both the DMV and the San Diego court system. Moreover, if you submitted to the PAS test on the roadside and you are over age 21, that test DOES NOT satisfy your “implied consent obligations” to take a breath or blood test, if arrested. This can be very confusing, especially now that the San Diego Police Department is using an “in-car” breath testing device that they will administer to you AFTER you have been arrested.

BE POLITE, RESPECTFUL, AND COURTEOUS

It may not seem like it at the time, but the more cooperative and less antagonistic you are with the arresting officer, the better you will fare. Arguing with, fighting with, spitting upon, or cursing at the officer will NOT get you out of being arrested, and could result in additional charges being filed against you that will result in having to post bail to get out of custody, as opposed to being released on your promise to appear in court.

POLICE OFFICER DISCRETION IN ARREST DECISIONS

A study by the National Highway Traffic and Safety Administration [U.S. Department of Transportation Report No. H5-801-230] points out the effect of specific differences on a police officer’s observations and conduct in the field:

  • “The officer’s age and experience play a role in his alcohol-related arrest decisions. Younger officers, and those with relatively few years of seniority, tend to have a more positive attitude toward alcohol-related enforcement and make more arrests on DUI charges than do older officers. This result was found to hold true regardless of the type of department in which the officer serves or the specific type of duty to which he is assigned.”
  • “The officer’s personal use of alcohol is inversely related to his level of alcohol-related enforcement. Patrolmen who drink make significantly fewer arrests than those who do not, and those who drink frequently make significantly fewer arrests than those who use alcohol only occasionally.”
  • “Lack of knowledge concerning the relationship between alcohol and intoxication is widespread among police officers and imparts a negative influence on alcohol-related enforcement. Most officers underestimate