DUI – How To Avoid DUI Arrests And Never Face A DUI Charge
Franklin Pierce
Copyright 2011 by Franklin Pierce
Smashwords Edition
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Table of Contents
INTRODUCTION 7
CHAPTER 1 14
Don’t Drink and Drive 14
CHAPTER 2 15
Why Encourage People to Avoid a DUI Arrest? 15
CHAPTER 3 21
A Drunk Driving Story 21
CHAPTER 4 29
Drunk Driving Punishment and Penalties 29
CHAPTER 4 33
Cops are NOT your Friends 33
CHAPTER 5 37
If You Get Pulled Over, You Will Likely be Arrested 37
CHAPTER 6 41
Know Your Rights 41
CHAPTER 7 44
Before You go to the Place of Drinking 44
Buy a Breathalyzer 44
Search Your Vehicle for any Incriminating Items 45
Make Sure all of Your Headlights, Taillights, and Signals Work 47
Put a Tape Recorder in Your Car 49
Make Sure You Have Driver’s Rights Cards in All Cars 50
Use a Designated Driver 51
Use Public or Other Transportation 51
Eat a Large Meal 52
Drink a Lot of Water 52
Summary 53
CHAPTER 8 54
AT THE PLACE OF DRINKING 54
Stop Drinking at Least an Hour Before Leaving 54
Use Your Breathalyzer 55
Give Yourself Some Field Sobriety Tests 56
Coffee Will Not Sober You Up 57
Remove the Wristband or Stamp That You Received at the Dance Club 57
Find a Witness to Your Sobriety 58
Call a Chauffeur 58
If You are Impaired, Don’t Drive. 59
Summary 59
CHAPTER 9 61
DRIVING HOME 61
Make Sure Everyone is Wearing Seatbelts. 61
Use Turn Signals 62
Don’t Use High Beams 62
Turn on Your Lights at Night 63
Don’t Speed or Try and Get Through Yellow Lights 64
Stop Completely at Stop Signs 64
Blend in with Other Traffic - Don’t be Isolated 64
Don’t Stop and Help Anyone – It Could Lead to Contact with Police 65
DUI Checkpoint Roadblocks 66
Other Reasons Cops Stop People for Suspicion of Drunk Driving 72
Summary 73
CHAPTER 10 75
GETTING STOPPED 75
Trying to Avoid Arrest 77
You Will Likely be Arrested if a Cop Pulls you Over 80
Don’t Exit the Car 81
Always be Polite and Respectful 81
Smile, You’re on Cop TV 83
If You’ve Been Stopped for a Traffic Violation, Don’t Argue 83
Have Your Tape Recorder Ready 84
Have your Driver’s License and Related Documents Ready 85
Use Your Driver’s Rights Card 86
Never Admit to Having Consumed Alcohol 86
Refuse to Answer Cop’s Questions Concerning the DUI Investigation 87
Refuse Field Sobriety Tests 88
Don’t Blow into Portable Breath Machines 91
If You are in a Serious Accident, Refuse all Tests 92
Do Not Consent to a Search of Your Vehicle 92
Summary 94
CHAPTER 11 96
How To Pass The Field Sobriety Tests 96
Relax 96
Listen Carefully to the Instructions 97
If You Make A Mistake 98
The Tests 98
Reciting 99
Finger to nose 100
Heel to toe 102
One leg stand 103
Palm slap 103
Head Tilt 104
Be able to stand extremely still. 105
A Note About Your Practice 105
Incorporate Your Stalling Strategy 106
Final Thoughts 107
CHAPTER 12 108
THE PARKED CAR 108
CHAPTER 13 114
INFORM ON THY NEIGHBOR 114
CHAPTER 14 117
FAST FOOD RESTAURANTS 117
CHAPTER 15 119
THE ARREST 119
CHAPTER 16 122
AFTER THE ARREST 122
Ask to Speak with an Attorney Before Taking any Tests 122
Take the Urine Test 122
Always Insist on Your Own Independent Blood Alcohol Tests 123
Get Names of Witnesses 125
Call an Attorney 126
Remain Silent 126
Call Someone’s Voice Mail 127
Make a Detailed List of Events Before, During, and After Your Arrest 127
Summary 129
CHAPTER 17 131
Conclusion 131
APPENDIX I 133
RESOURCES 135
State Driver’s Rights Card I 136
State Driver’s Rights Card II 137
DUI GLOSSARY OF TERMS 139
Introduction
I have a confession to make. I like to drink. I’m not an
alcoholic or anything, but I like to indulge in adult beverages on
occasion. I like to drink beer after working around the house, while
watching football on TV, or during the hot summer months. I like to
drink wine with dinner. When I take my wife to a restaurant we often
share a bottle of wine. We enjoy it very much. For years I watched
as those around me had encounters with the law after having a drink
or two and driving. Some incidents turned out o.k., some turned into
nightmares.
I also listened to dozens of stories over the years of
how people were involved in DUI investigations and treated like the
worst felons by young, abrasive local cops. Mind you, many of these
folks were doctors, lawyers, and prominent professionals. In
fairness, I’ve also witnessed many people getting DUI’s who had
no business being behind the wheel of a car. These people were
putting other people’s lives in danger. They should be treated
like felons. I’ve also witnessed innocent lives lost at the hands
of drunk drivers. I’m sure we all have. It’s a tragedy and
senseless. This book is not for these sociopathic bottom feeders.
However, for every driver who is considerably over the legal limit,
and who has no business being on the road, there are tens of
thousands of normal, everyday, law-abiding citizens who get caught up
in the drunk driving dragnet. These are people just like you and me
who share a bottle of wine with dinner, or have a couple of beers at
a game. These are not alcoholics. These are not drunks. These are
your family, your friends, and co-workers. These are people who may
have gone slightly over the limit at some point during the night, or
even who are under the limit, and who get stopped for some reason and
it turns into a DUI investigation. Once these people are stopped,
they don’t know what to say or what to do. After all, they never
have been arrested. They never come into contact with the law. They
have no experience dealing with cops. Most don’t even have traffic
tickets. So when they are faced with a DUI investigation, suddenly
they are thrust into a world of unfamiliarity and chaos. They
panic, they rack their brains trying to remember their rights, they
try everything they can to convince the cop that they are not a
threat to safety or society. They are now on a slippery slope
towards jail and financial and personal catastrophe. There are some
of these people who think they know how to handle the situation.
They think they can charm the cop, or talk their way out of the
situation. Or there are those who heard about some myth on the
internet about how to deal with a cop or mask their breath or blow
into a breathalyzer. These people soon get a very rude awakening.
After years of witnessing these situations, I decided I did not want
to be caught in one of those situations. You see, I’m the father
of five children. I never wanted to be an a situation where I have
to be away from my wife and children, or I have to take monies away
from them to deal with DUI trouble, or put my marriage and my
relationship with my children on edge due to the stress of a DUI, or
getting arrested in front of them for a DUI. Therefore, I embarked
on a journey of research and consultation with cops and lawyers and
other knowledgeable persons. The result was numerous tip, tricks,
and strategies for dealing with DUI issues. It’s not simply about
knowing what to do once you get pulled over, it’s also about what
to do:
before you leave your house,
before you start drinking,
while you are drinking,
before you leave your place of drinking,
while you’re driving home,
when you get pulled over,
during the DUI investigation,
after you get arrested, and
before you go to court.
Most of the concepts I present aren’t rocket science. However, they are extremely effective. The key is you can’t just use one or two of the strategies, once in awhile. It’s critical that you use all of the strategies, all of the time.
Avoiding a DUI is all about risks and managing those risks. Everything you do has some sort of risk attached to it. Each one of the items mentioned in this book has a risk. Therefore, the more of these items that you implement, the less your risk of getting a DUI. I’d recommend doing as many as possible, thereby reducing your risk as much as possible. Risk is like odds in gambling. The less risk you have, the lower your chances of hitting the DUI jackpot – which in this case, I mean getting arrested for a DUI.
By the way, if you or someone you know needs a lawyer, here is a free directory where you can search for a lawyer by area, type of law, and other criteria. Lawyers from all of the country are in this directory. Do a search, then email them or give them a call. Here is the link:
I’m hopeful that you’ll put into practice everything you read in this book. My goal is to help all of you be safe, and those around you be safe, and to help you avoid all of the chaos and trauma that surrounds a DUI. Please read carefully, and do all of the exercises in this book. They will be the difference between going home and sleeping in your own bed, and spending the night in jail and many sleepless nights after that. Now let’s get started…
Chapter 1
Don’t Drink and Drive
I’m going to state this once, and I’ll do it now, right up front. It has to be said, and it must be adhered to. Here we go…
For God’s sake and yours, please don’t ever drive drunk. The havoc that has been wreaked upon thousands of innocent people by people who were driving while intoxicated is immeasurable. No one should ever drive drunk. Period. Be responsible, be considerate, be safe, and be smart. Don’t drink and drive.
Chapter 2
Why Encourage People to Avoid a DUI Arrest?
Drunk driving laws have consistently been getting tougher for almost 30 years. The State legislatures, Federal government, and courts have all joined forces to support these laws. There are numerous issues that engulf the entirety of the anti-drunk driving culture including the constitutionality of drunk driving laws, the agenda and impact of powerful political lobbyists such as Mother’s Against Drunk Driving, and the fallacies of current systems for determining intoxication. In fact, the drunk driving laws and players have created an entire drunk driving ‘industry’; a cash cow that relies on the enforcement of drunk driving laws to generate revenue and wealth for various levels of government and individuals.
The truth is that your local, state, and Federal governments reap millions of dollars each year from the drunk driving industry. There is a reason that the limit for driving in not zero point zero. The governments want to encourage a certain level of driving after drinking. This helps them generate money from which to govern. It also helps the judges, the lawyers, the AA programs who get funding, the cops, and numerous other organizations and individuals who have their hand in the drunk driving industry pie.
It they were serious about drunk driving, they would simply outlaw it altogether. But that will never happen. Frankly, it’s a game, and they make the rules and know how to play it. The average citizen, on the other hand has no idea how to play their game and 99.9% of the time is the loser.
However, the legal and political issues are not the focus of this book. This environment is a given. You must learn to play within this system. But, you don’t have to like the system, and you certainly don’t have to surrender to it.
This book will provide you strategies for effectively navigating this system. It will provide you with the tools, wisdom, and insight necessary to protect yourself from the cops and lawyers you will indubitably face during your driving years.
What you won’t hear from the politicians, drunk driving law lobbyists, and media is that in addition to the alcoholic who has no business driving a car, there are millions of Americans who occasionally have a glass of wine at a restaurant, a couple beers at a friend’s house, a glass of champagne at a wedding reception, and so on, who are not drunk, yet are everyday ensnared in the Driving Under the Influence (DUI) dragnet and treated as criminals. These folks are your relatives, friends, and co-workers. These people are not alcoholics, nor do they regularly consume excess quantities of alcohol. Rather, they are basically honest, law abiding citizens who are treated the same as out of control drunks who have no business being anywhere near the driver’s seat.
We’re all familiar with stories of drunk drivers injuring or killing innocent people. The chance of being involved in such an occurrence should be enough for anyone who now drinks and drives to permanently cease such activities.
This book is not meant to assist a drunk who has no business driving. It isn’t meant to help the repeat offender who continually drinks too much and puts lives at danger. And it certainly isn’t meant to encourage anyone to get behind the wheel and drive after drinking. Anyone who drives when they cannot properly control their vehicle and puts innocent lives in danger should not be on the road and should be arrested.
We all know, or know people who know, someone who was injured or killed by a drunk driver – the wasted teenager driving home from a party; the alcoholic driving home from the bar; or the business woman driving home after too many martinis on an empty stomach. There is no excuse for the behavior of these individuals. These senseless acts caused irreparable harm to families that lasted throughout their lives.
No, on the contrary. This book should help keep drunk drivers off the road. It should encourage drivers to know where they stand before they get in their cars. It encourages responsibility. Drunk driving should be taken very seriously.
If anyone is still not convinced about the seriousness of drunk driving, consider the following:
In most states,
If your blood alcohol level is .08 percent or higher, the cop will arrest you and confiscate your driver’s license.
If you refuse to take a blood or breath test, you will lose your license for one year.
A DUI conviction can cost you $10,000 or more in towing and storage fees, jail costs, fines, penalties, DUI education classes, attorney's fees and vehicle insurance increases.
On your first conviction, you may serve jail time. When released, you will likely serve three to five years' probation.
You may be required to attend AA meetings and counseling programs, and perform long hours of community service.
In short, a DUI conviction can wreak total havoc on an otherwise law-abiding and peaceful life. Fortunately, there are ways to avoid or minimize such a result. This book will show you what you need to know to accomplish that objective.
Chapter 3
A Drunk Driving Story
Read carefully. This could be your story.
It was the night of my company’s Christmas party. The moon was full. Christmas music was playing on the car radio. My wife and I were excited about a night out alone, away from the kids. We quickly navigated the 10 miles from our house to the hotel at which the party was being held.
Upon arriving at the party, we made our way to the bar, making full use of the ‘free drink’ coupons in the bag of goodies that each employee received upon their arrival. My wife ordered a glass of white wine. I had a gin and tonic. After some mingling, we were seated and dinner was served. We each drank a glass of Chardonnay with dinner. We also had a cup of coffee with our dessert.
After dinner and some presentations, a DJ opened up the dance floor. We danced for the next two hours. During this time, we each had about three additional glasses of wine. As the night drew to a close, I drank a glass of water to replenish some of the fluids I lost while dancing. We said our goodbyes and headed for our car.
As we waited outside in the cold air for the valet to bring up our car, I felt sober. I knew my limits, and this certainly wasn’t my limit.
We laughed and sang to music as we drove home. We were having a great time. I drove cautiously and carefully, as I always do after I’ve been drinking.
As we approached the exit to our house, I noticed a red light and high beams on me in my rear view mirror.
“Damn, I’m getting pulled over”. My wife immediately turned around and looked at the cop and started getting nervous. She reached in her purse. “Here, have a mint’.
“Don’t be moving around and acting suspicious”, I snapped. If I wasn’t sober before, I felt completely sober now.
The cop approached the car, and I rolled down my window.
“Your license and registration please”.
“Why did you pull me over officer?" I ask. “Your license and registration please”, he repeats sternly. I took out my wallet, while my wife fumbled for the registration. I handed both to the cop. He held up his flashlight and reviewed the documents.
He shined his flashlight into my eyes. “Have you had anything to drink tonight?” I told him we’d just come from my office Christmas party, but that I’d had only one drink. I figured he might have smelled the alcohol on us, so he’d know I was lying if I said ‘nothing’.
He walked back to his car and radioed in some information about us. I thought about how I’d hoped to cap the night off by driving my wife home and taking advantage of her as soon as we walked in the door. Instead, my perfect night was turning into a perfect nightmare.
He walked back to our car, and before he could speak, I asked if he would please just let us drive the ¼ mile down the street to our house. The cop said that he would like to administer a few tests, and that if I passed them, we would be free to go. He asked that I get out of the car. I was hopeful, as I stepped out of the car, that I would pass his tests and we would be on our way.
As I stood in front of the cop, I grew more and more nervous as I considered that I might be arrested in front of my wife, and that I would be spending the night in jail. As the cop shined his flashlight directly into my eyes, I was swiftly drawn back into the present.
The cop held up a pen, and asked that I keep my head still and follow the pen with only my eyes, as he moved it back and forth in front of my face. I had no idea what he was looking for, or how to tell if I’d passed this test.
He then asked me to lean back, hold out my hands, close my eyes and touch my nose with the tip of each finger. I think I passed this test with flying colors.
Next, he ordered me to place one hand flat on the other and flip one hand over onto its back, starting slowly and accelerating the pace. Again, I think I did great.
Finally, he asked me to take a Breathalyzer test. Hesitant, I asked him if I could please be allowed to go home, since I passed all of his tests. “If you refuse to take the test, you will be arrested and you will lose your license for one year”.
I silently wondered if he was lying to me, as I looked him in the eye and considered my options. I got a distinct feeling that this cop didn’t like me; almost as if I’m his enemy or perhaps a felon he wanted to arrest. Since I wasn’t sure of my rights and the law, I opted to take the test. I was kicking myself for not taking the time in the past to know my rights. Now that I needed that knowledge, it was too late.