How to Avoid Getting a DUI, DWI, or OUI Conviction

Probably the most frequent question I am asked by my criminal law students, lay people, and even fellow attorneys is "What should I do if I have been drinking and I am stopped by the police?"  In other words, how do I avoid getting a DUI, DWI, or OUI.

Here are 5 tips to avoid getting a DUI, DWI, or OUI.

1. Don't Drive After Drinking

First, do not drive after drinking, taking drugs, or smoking marijuana.  When a person drinks and drives, they risk not only killing themselves but others on the roads.  I cannot imagine the crushing guilt one experiences after killing a child due to drunk driving.

The cost of calling a friend, a relative, or a cab is minuscule compared to the cost of a simple DUI or a reckless homicide. Have a designated driver.  If you find that none of those options are available, then stop drinking before you drive.  Wait a few hours, or several hours if necessary, and drink water or soda.  As a former prosecutor, I have prosecuted reckless homicides in the past.  I assure you that it simply isn’t worth it.

2. Be Polite with Police

The second tip is to always be polite with the police.  With the above advice in mind, sometimes a person finds that he or she have had one or two drinks more than intended and they have to get home.  In that situation, if you are stopped by a police officer, then I recommend being polite to the officer.  No, this will not get you out of a DUI.  Being rude and belligerent, however, can be used as evidence that you were impaired.  And, with the wrong officer on the wrong night, being belligerent could lead the officer roughing you up to teach you a lesson.

3. Refuse the Field Sobriety Test

The third tip is to polite refuse to take field sobriety tests.  If the officer smells an alcoholic beverage on your breath, even if you had been drinking a non-alcoholic beer, then the officer will ask you to take three field sobriety tests.  You should politely refuse.  Your refusal may be used as evidence against you but so will failed field sobriety tests and those are much worse.  The field sobriety tests are difficult to pass and require a nearly perfect performance.  So, politely refuse to take them.

WARNING:  You may be arrested for a DUI at this point if your driving appears to be impaired.  If you are asked to take the field sobriety tests, however, you will probably be arrested for a DUI anyway.  So, there is no point in you giving evidence to the police against yourself.

4. Refuse the Breath Test

Tip four is to politely refuse to take the breath test.  The officer will ask after you to take a “breathalyzer” test have been arrested.  (You may be asked to take a preliminary breath test at the scene before you are arrested.  You should refuse that too.)  It is unlikely that you can avoid being charged with a DUI, even if you blow under a .08.  I have successfully defended more than one person charged with a DUI who blew under .08 but it is rare.  I did get them out of the DUI, but it still cost them my fee and my client’s time in coming to court while they missed work.

WARNING:  You will have a statutory summary suspension of your driving privileges which will be at least double the length of time than if you take the test and fail it.  The suspension of the driving privileges, though, is much more preferable than a conviction for a DUI.

5. Don't Give Any Statements

The fifth and final tip is to not give a statement.  Do not answer any questions, other than providing your name, address, and other standard booking questions (date of birth (assuming you are over 21), height, weight, etc.).  People frequently answer a questionnaire which the police officers read to them.  On that questionnaire, there is a question of whether the person is under the influence of alcohol or other drugs.  For some reason, a surprising large number of people answer that question yes.

You should refuse to answer any questions and refuse to give a statement.  At this point, you have already been arrested for a DUI.  You cannot talk yourself out of the charge.  You cannot beg or cry yourself out of the charge.  Any evidence you provide, or explanation you try to give, will only make the State’s case against you stronger.  Explaining how this happened can only hurt.  It has no chance of helping you.  So, don’t give a statement.